| | | | | | | |  | Ordinances - R5 U
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | April 6, 2022 | | | | First Reading
| | SUBJECT: | COLLINS AVENUE MXE HEIGHT AMENDMENTS
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, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” AT DIVISION 13, ENTITLED “MXE MIXED-USE ENTERTAINMENT DISTRICT,” TO AMEND SECTION 142-545, ENTITLED “DEVELOPMENT REGULATIONS,” TO MODIFY THE MAXIMUM BUILDING HEIGHT REQUIREMENTS ALONG COLLINS AVENUE; BY AMENDING ARTICLE IV, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” AT DIVISION 5, ENTITLED “HEIGHT REGULATIONS,” TO AMEND SECTION 142-1161 TO MODIFY THE REQUIREMENTS FOR ROOFTOP ADDITIONS ON COLLINS AVENUE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for May 4, 2022. |
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| | | | | | | | BACKGROUND/HISTORY
| HISTORY
On October 14, 2020, at the request of Mayor Dan Gelber, the City Commission referred the proposed draft ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board (item C4I). This Ordinance was part of the recommendations presented at the special workshop of the LUSC on September 17, 2020.
On November 24, 2020, the LUSC discussed the draft Ordinance and continued the matter to the January 2021 LUSC meeting, with the following direction:
1. Refer all of the proposed Ordinances to the City Commission workshop scheduled for December 4th, 2020.
2. Obtain feedback on the proposed Amendments from the City’s Ocean Drive consultant, Zyscovich.
On January 20, 2021 the item was deferred to the February 17, 2021 LUSC, to allow time for input from Zyscovich and the Mayor's Art Deco Cultural District (ADCD) Panel. The Administration presented the LDR Amendment proposal to the ADCD Panel on January 22, 2021. The panel members indicated that they would like to review the proposal in more detail and would provide specific comments and recommendations at their February 12, 2021 meeting.
On February 12, 2021 the ADCD Panel discussed the proposal and deferred any formal recommendation until June. On February 17, 2021, the LUSC deferred the item to the June 21, 2021 LUSC meeting.
On June 18, 2021 the ADCD Panel discussed the proposed LDR Amendment, as part of a global discussion on recommendations put together by Zyscovich but did not make any specific recommendations. On June 21, 2021, the item was deferred to the September 14, 2021 LUSC.
On September 14, 2021, the item was deferred to the October 19, 2021 LUSC. On October 19, 2021 the item was deferred to the December 2021 LUSC. The December 2021 LUSC meeting was not scheduled, and the matter was moved to the first available LUSC agenda in 2022.
On February 11, 2022, the LUSC recommended that the Planning Board transmit the proposed Ordinance to the City Commission with a favorable recommendation.
BACKGROUND
The MXE district regulations were developed in the early 1980s, as part of the first master plan for Ocean Drive from 5th to 15th Streets. These regulations were intended to incentivize the replacement of dated apartment regulations with active uses that incentivized hotel uses. In addition to the code regulations adopted, the physical make-up of the street was modified dramatically by introducing wider sidewalks and significantly improving Lummus Park.
These City sponsored changes coincided with the placement of the Miami Beach Architectural District on the National Register of Historic Places in 1979. The placement of the Architectural District on the National Register was significant, because at that time it was the first National Register nomination consisting solely of 20th century architecture. More importantly, the National Register nomination set forth a path leading to local historic designation and the creation of a unique brand for Miami Beach, which is still known worldwide today.
The original intent of the MXE district regulations was to foster the renovation, restoration and preservation of the historic buildings in the district. Café, entertainment, restaurant and retail uses were required to be accessory to hotel or residential uses. Exceptions to this were made for buildings fronting Collins Avenue, as well as buildings that were two (2) stories or less on Ocean Drive. The widening of the sidewalk provided an opportunity for sidewalk seating to engage and interact with seating on private property and become a mechanism for people watching and experiencing the architecture of the district, as well as the natural environment across the street in Lummus Park.
While exceeding expectations, over the past decade Ocean Drive, and the larger MXE district, have experienced increasing challenges associated with alcoholic beverage and entertainment uses, all of which were intended to be subordinate to the main use of residential or hotel. To rediscover the beauty and intent of the National Register Architectural District, a re-focus on district priorities is recommended. This will entail a multi-prong approach, including updating regulations, incentivizing a renaissance of the original plan for Ocean Drive, stepping up enforcement, and creating ways to balance vehicular and pedestrian mobility.
In early August 2020, the Administration convened a working group of internal staff to take a comprehensive look at all aspects of Ocean Drive and the larger MXE district. This working group included key staff from the City Manager’s Office, Economic Development, Police, Fire, Planning, Transportation, Public Works, Tourism and Culture, Parking and Communications. This working group put together a comprehensive analysis and draft visioning for Ocean Drive titled “The Art Deco Cultural District Reimagined”. Collectively, the purpose of the recommendations is not to curate taste, cuisine or entertainment, but to revitalize the district and recapture its successful foundation as an Architectural District.
The following are the specific strategies that resulted from the working group, in addition to the legislative referrals from the July 29, 2020 City Commission meeting:
1. Safety/Security
2. Activation
3. Target Industries/Incentives
4. Branding
5. Transportation/Transit
6. Zoning Amendments (Including July 29, 2020 Commission Referrals)
The concept behind these strategies is to establish a foundation of information to allow for more detailed planning efforts needed to address the district, and potentially beyond. Each of these strategies, all of which have short- and long-term recommendations, were discussed at length during the September 17, 2020 LUSC workshop. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The proposed amendment pertains to multi-story additions and overall building height for specific projects on Collins Avenue. Currently, the Land Development Regulations limit habitable rooftop additions to existing buildings located within the MXE district along Collins Avenue to 1-story with a maximum floor to ceiling height of 12’-0”. Since the maximum permitted height within this portion of Collins Avenue is 50’-0”, this regulation has had the unintended consequence of requiring additional demolition of contributing buildings in order to accommodate 4 and 5-story new rear additions.
In order to incentivize a higher caliber of hotel, residential or office additions and uses, some latitude in the distribution of allowable FAR within properties along Collins Avenue is recommended. In this regard, the ability to build more than a one-story addition would be predicated upon meeting certain standards and definable, operational benchmarks.
The proposed amendment would give the Historic Preservation Board (HPB) the authority to approve multi-story rooftop additions for existing buildings on the east side of Collins Avenue. This would likely encourage the retention and restoration of portions of contributing buildings that may otherwise be proposed for demolition. Additionally, it could foster connections over Ocean Court to properties on Ocean Drive.
The proposed amendment would allow for the maximum height of a building with any addition to exceed 50 feet, but not exceed 75 feet, in accordance with the following:
1. The main use on the property shall be residential, office or hotel; non-office commercial uses would not be permitted as a main use if the additional height is sought.
2. Residential apartment uses shall agree, via recorded covenant, not to engage in short term rentals.
3. The property shall contain at least one contributing building. Any contributing building shall be renovated in accordance with the Secretary of Interior’s Standards for Rehabilitation, including public interior spaces and all guest rooms.
4. The building shall have central air conditioning or flush-mounted wall units; however, no air conditioning equipment may face a street.
5. All non-impact resistant windows and doors and doors shall be replaced with impact resistant windows and doors.
6. Any proposed building height in excess of 50 feet shall be at the discretion of the historic preservation board and shall not be visible when viewed from the east side of Ocean Drive.
7. All additions proposed pursuant to this subsection shall be evaluated in accordance with the Certificate of Appropriateness criteria in chapter 118 of these land development regulations, as well as the following: (i) the addition enhances the architectural contextual balance of the surrounding area; (ii) the addition is appropriate to the scale and architecture of the existing building; (iii) the addition maintains the architectural character of the existing building in an appropriate manner; and (iv) the addition minimizes the impact of existing mechanical equipment or other rooftop elements.
8. There shall be no variances from this provision.
The HPB would evaluate each individual proposal in accordance with the Certificate of Appropriateness criteria, as well the additional criteria specific to the individual building and the surrounding area. Additionally, any multi-story rooftop addition for a property located along the east side of Collins Avenue would not be permitted to be visible when viewed from the east side of Ocean Drive.
It is also important to note that the ground floor elevation of many contributing buildings along Collins Avenue are below the currently required base flood elevation plus freeboard. As such, ground floors may be converted to non-habitable or accessory commercial uses. This will further incentivize the retention and restoration of contributing buildings.
PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing on March 22, 2022, and transmit the Ordinance to the City Commission with a recommendation. The Administration will update the City Commission on the Planning Board recommendation at the Commission meeting.
APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Enhance Art Deco Cultural District |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission approve the subject Ordinance at First Reading and schedule a Second Reading / Public Hearing for May 4, 2022. |
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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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| | | | | | | | Legislative Tracking
Planning |
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