WASHINGTON AVENUE INTERIOR SETBACKS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED, "DISTRICT REGULATIONS," DIVISION 5, ENTITLED, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY AMENDING SECTION 13-309, ENTITLED, "WASHINGTON AVENUE DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO MODIFY THE DEVELOPMENT REGULATIONS PERTAINING TO INTERIOR SIDE YARDS; AND BY AMENDING CHAPTER 130, ENTITLED, "OFF-STREET PARKING," ARTICLE II, ENTITLED, "DISTRICTS; REQUIREMENTS," TO MODIFY THE PARKING REQUIREMENTS IN PARKING DISTRICT NO. 7; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

HISTORY

On July 25, 2018, at the request of Commissioner Michael Gongora, the City Commission referred the item to the Land Use and Development Committee (Item C4L).  On September 28, 2018, the Land Use Committee discussed the proposal and recommended that the City Commission refer the attached draft Ordinance to the Planning Board.

On October 17, 2018, at the request of Commissioner Michael Gongora, the City Commission referred the attached Ordinance to the Planning Board (Item C4B).

PLANNING ANALYSIS

The subject Ordinance amends Section 142-309 of the Land Development Regulations, regarding minimum setback requirements for residential and hotel uses within the Washington Avenue overlay, from 6th to 17th Streets.  The current interior side setback regulations were designed for broader, water or beachside properties, as they set forth a large sum of the side yard requirement, particularly for aggregated lots. As development sites with multiple individual lots are aggregated, the sum of the side yard requirement increases significantly for residential and hotel uses.

These larger interior side setback requirements are not consistent with the denser, more compact urban environment that defines Washington Avenue from 6th to 17th Street. Additionally, as this stretch of Washington Avenue is within a locally designated historic district, and the ability for significant or total demolition is limited, the strategic placement of limited infill construction consisting of residential or hotel uses is made more challenging by the current interior setback regulations.

The proposed text amendment maintains a baseline minimum of 7.5 feet for interior side setbacks for lots that have a frontage greater than 100 feet in this corridor. However, the requirement for a minimum interior side setback of 8% of the lot width has been stricken, as this percentage threshold is impacting larger lot aggregations (those in excess of 100 feet of frontage). The minimum sum of the side yard setback requirement of 16% is maintained, so as to ensure adequate light and air on very wide sites for the upper levels. Also, the continuous urban street wall at ground level, with a zero interior side setback, would not be affected as most projects will have commercial uses on the first level.

PLANNING BOARD REVIEW

On November 27, 2018, the Planning Board held a public hearing regarding the proposed LDR Amendments and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).

UPDATE

The subject Ordinance was approved at First Reading on December 12, 2018, with no changes.