On December 13, 2017, at the request of Commissioner Ricky Arriola, a discussion pertaining to the recent voter approval of an increase in FAR (to 3.5) for the Town Center district was referred to the Land Use and Development Committee (Item C4AA). A similar discussion pertaining to the North Beach Master Plan recommendations for the Town Center (TC) zoning districts, which was previously pending before the Land Use Committee, was continued at the June 14, 2017 LUDC meeting to the January 2018 LUDC.

On February 7, 2018, the Land Use Committee discussed the general parameters of a proposed FAR overlay for the first time and continued the item to a date certain of March 14, 2018, with direction to staff to prepare a draft overlay Ordinance. Additionally, as both of these items are similar in content, they have been combined for purposes of discussion before the Land Use and Development Committee.

Subsequent to the February 7, 2018 Land Use Committee meeting, Commissioner John Elizabeth Aleman requested to be a co-sponsor of the item. Attached, for informational purposes, is a summary of the legislative and master plan discussion history for this item.

BACKGROUND

 On November 7, 2017 the voters of the City of Miami Beach approved an increase in FAR to 3.5 for the area of the TC district bounded by 69th Street on the south, Collins Avenue on the east, 72nd Street on the north and Indian Creek Drive/Dickens Avenue on the west. Attached is a copy of Resolution 2017-29961, which approved and authorized the ballot question, and a copy of the approved Voters Guide.

The boundaries approved for an FAR increase, as noted on the attached aerial map, include properties with the following zoning districts:

• TC-1 (previous maximum FAR of 2.25 – 2.75);

• TC-2 (previous maximum FAR of 1.50 – 2.00);

• TC-3 (previous maximum FAR of 1.25).

Pursuant to the approved ballot question, the maximum FAR for all zoning districts within the specified boundaries has been permitted by the voters to be increased to 3.5. In order to effectuate the proposed FAR increase, a separate enabling ordinance was referred to the Planning Board by the City Commission on January 17, 2018. On February 27, 2018, the Planning Board transmitted the ordinance to the City Commission with a favorable recommendation. First Reading of this enabling legislation is scheduled to be considered by the City Commission on March 7, 2018.

PLANNING ANALYSIS
The December 13, 2017 City Commission referral was to develop a comprehensive planning strategy for the Town Center area approved for an FAR increase. At the February 7, 2018 Land Use and Development Committee meeting, the following elements were discussed and recommended for inclusion in a draft ordinance:

1. The creation of special regulations for the boundaries approved for a 3.5 FAR (FAR overlay).

2. Strategic increases in maximum allowable building height in order to better accommodate the new 3.5 FAR. At a minimum, maximum building height will need to be increased in TC-2 (current maximum height of 50’) and TC-3 (current maximum height of 45’) districts.

3. In conjunction with increases in height, modified setback regulations will be explored, as follows:

• For properties along 69th street, which have adjoining RM-1(max height: 50’) and CD-2 (max height: 50’) districts to the south.

• For the properties along Indian Creek Drive, which have adjoining RM-1(max height: 50’), RM-2(max height: 60’) and TC-3(max height: 45’) districts to the west.

• Additional tower side setbacks and /or tower separation requirements for development sites along 72nd Street, in order to prevent a continuous wall and potential shading of what could be a park north of 72nd Street.

4. The location of certain, more intense allowable uses within the overlay, in order to address existing, lower scale / less intense uses to the south (along 69th Street) and west (along Indian Creek Drive).

5. All existing zoning district categories (TC-1, 2, 3 & 3c) should be looked at holistically throughout the entire overlay, with particular emphasis on existing properties that cross zoning district boundaries (e.g. abutting parcels that currently have TC-1 and TC-3 classifications).

6. Lot aggregation requirements, in addition to potential increases in maximum building heights, in order to ensure that the increased FAR, particularly within existing TC-2 and TC-3 areas, is appropriately distributed.

7. A review of off-street parking requirements for all uses within the overlay should be conducted, including the impact of transit, ride share and non-vehicular modes of transportation, as well as a revised mix of uses, on off-street parking storage.

8. Standards and requirements for street trees and sidewalk canopy that would be applicable to the entire overlay.

Additionally, the LUDC discussed the issues in the North Beach Master Plan: walkability, safe streets, partnerships, mobility, affordable housing and, generally, quality of life.

SUMMARY
Pursuant to the direction of the Land Use Committee on February 7, 2018, the attached Overlay Ordinance has been drafted for discussion. The ordinance proposes to establish a TC-1(c) zoning district with an FAR of 3.5, and would replace the TC-1, TC-2, TC-3, and TC-3(c) districts within the boundaries of the area established by the FAR referendum. The administration believes that this will provide for a more uniform and cohesive Town Center area, allowing for a seamless distribution of allowable FAR, height, setbacks and uses. The remainder of TC districts outside the boundaries of the overlay area will not be affected by these regulations, with the exception of minor revisions to overall building height. See attached map showing existing and proposed zoning districts and corresponding height limits).

The regulations proposed in the draft ordinance are consistent with the recommendations of the North Beach Master Plan and the referenced guidelines in the Intensity Increase Study prepared by Shulman + Associates in 2014. The Shulman Study analyzed the impact of allowing buildings with increased height and FAR and made recommendations as to setbacks to ensure that views were protected, sidewalks are sufficiently wide, and that air and light corridors are accommodated between towers. The relevant sections of the Shulman massing studies are attached, and provide a visual representation of how the proposed FAR and height can be distributed.

The following is a summary of the proposed development regulations within the draft overlay ordinance:

Building Height
The maximum building heights proposed in the draft ordinance are as follows:

• TC-1(c): 150 feet
• TC-1: Increased from 125 feet to 135 feet
• TC-2: Increased from 50 feet to 55 feet
• TC-3: Increased from 45 feet to 50 feet

The proposed height of 150 feet within the newly created TC-1(c) district, as well as the increase in the remaining TC-1 districts from 125 to 135 feet, are designed to allow for greater flexibility in the distribution of allowable building volume and mass within the much higher intensity TC districts. The proposed increase in height within the remaining TC-2 and TC-3 districts are minor (5 feet) and reflect the current height allowance permitted by the DRB.

Setbacks

Increased setbacks at the first level allow for expanded pedestrian movement and for outdoor cafes that don’t interfere with pedestrian flow.  Since the rights-of-ways in the proposed overlay area very greatly in terms of width and public facilities, the recommended setbacks are specific to each street. 

In this regard, the proposed ordinance incorporates street-level and tower setbacks that are generally consistent with those recommended by the Shulman Study for the FAR of 3.5.  Additional considerations have been taken into account to ensure that lower-scale neighborhoods to the south are not impacted by the additional height and FAR through the use of upper level setbacks. 

The proposed setbacks along the street frontages are as follows:

Most of the frontages have a suggested minimum setback of at least 10 feet at the ground level.  This is intended to ensure that sidewalks are wide enough to allow for improved pedestrian flow, as well as provide greater flexibility in the use of the public right of way, as some pedestrian flow could be accommodated within the setback area.

Of note is the upper-level setback from 69^th Street, as staff was sensitive to the existing, established scale of 69th street, particularly the south side, which has a height limit of 50 feet for new construction, but a built context of 2 story apartments.  In this regard, it is recommended that any portion of a building fronting 69^th Street that is above 35 feet in height be setback 50 feet from the 69^th Street property line.  This is intended to protect the RM-1 neighborhood to the south of the Town Center.  Also of note is the recommended 20 foot setback along 72^nd Street.  This is intended to encourage sidewalk cafes facing the open space uses on the opposite frontage, while still maintaining ample sidewalks. Additionally, it is suggested that above 75 feet, a tower setback of 45 feet be required to prevent excessive shadows from being cast north of 72^nd Street.

In additions to the height and setback regulations noted above, the draft ordinance also incorporates the following:

• The list of current permitted, conditional, prohibited, and accessory uses has been re-structured into a unified table for all TC districts. Staff is performing further analysis with regard to allowable uses in the TC-1(c) area, as more specifically noted in the ‘Transportation’ analysis below. See attached map illustrating the existing land uses within the overlay area.

• A requirement that the primary means of pedestrian ingress and egress for current conditional uses in the TC-1(c) district not be located within 200 feet of an RM-1 district. Based upon further analysis regarding allowable uses in the TC-1(c) area, as more specifically noted in the ‘Transportation’ analysis below, the uses with a 200 foot separation may change and/or expand. This proposed distance separation will help ensure that the more intense uses permitted within the TC-1(c) district are adequately buffered from the existing, low intensity RM-1 district south of 69th Street.

• A limitation on tower floor plates (those floors above 75 feet in height) of 10,000 SF has been proposed, inclusive of balconies. Staff believes that this will ensure appropriate building form and separation, and prevent looming structures that create a canyon effect.

As it pertains to minimum lot aggregation requirements, staff believes, after further analysis, that the proposed increases in allowable building height and modifications to the setback regulations, as well as limits on floor plates, will ensure that the appropriate number of lots are aggregated if a maximum FAR of 3.5 is sought. While a minimum lot aggregation requirement would be useful for projects proposing a 3.5 FAR, there may be smaller developments proposed in the future that do not seek to maximize a 3.5 FAR. In either case, maximum building height and floor plates, as well as minimum setbacks, will control the distribution of mass and volume, in order to ensure that new buildings are no built lot-line to lot-line at a higher FAR.

TRANSPORTATION, PARKING AND USE ANALYSIS
Planning staff has done an initial overview of the overlay in terms of mobility, as well as the potential impact on uses. In this regard, staff believes that before off-street parking regulations and the extent of allowable uses can be formulated within the overlay, a detailed analysis of existing and future traffic impacts, and, more importantly, mitigation measures, needs to be completed.

The City’s Transportation Department is in the process of undertaking a study of the transportation issues within the area in order to propose additional recommendations for the draft ordinance. This analysis will provide a basis for specific recommendations regarding allowable uses, off-street parking regulations and requirements, alternative modes of transportation, alignments for public rights of way and on-street parking, and public transportation. Additionally, this analysis will better inform anticipated regulations pertaining to street trees and street canopy.

There are 2 consultant firms on the rotating list that the Transportation Department believes would be ideal for analyzing and modeling the Town Center FAR overlay area. This is important given the size, uniqueness and proposed intensity for the area. In this regard, the Transportation Department will provide an update on scope, cost, and schedule at the March 14 LUDC meeting. It is anticipated that the consultant can be engaged, and substantial work completed on the analysis by the May 23, 2018 LUDC meeting.