CPS BELOW GRADE FLOOR AREA REQUIREMENTS

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 114 OF THE CITY CODE ENTITLED "GENERAL PROVISIONS," BY AMENDING SECTION 114-1, ENTITLED "DEFINITIONS," TO AMEND THE DEFINITION OF "FLOOR AREA" WITH RESPECT TO BELOW-GRADE AREAS OF A BUILDING; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

On February 22, 2023, at the request of Commissioner Laura Dominguez, the City Commission referred the subject proposal (Item C4 B) to the Land Use and Sustainability Committee (LUSC) and the Planning Board. On April 19, 2023 the LUSC endorsed the proposal and recommended that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation.

A commercial tenant in the 1 Ocean building, located on the north side of South Pointe Drive, between Ocean Drive and Collins Avenue, is seeking to build out and enclose an open area located behind existing commercial storefronts. According to the original permit plans for the build out of the commercial spaces at the 1 Ocean site, below grade areas were calculated at ½ floor area ratio (FAR) and such FAR was not utilized.

At the time of the build out of the commercial spaces at the 1 Ocean site in 2012, the definition of floor area in the Land Development Regulations of the City Code (LDRs) contained an exception for areas of a building that were partially below grade. However, this exception for building areas partially below grade was amended in 2015 and limited to contributing structures in historic districts. As such, the commercial space at 1 Ocean is not currently eligible for the partially below grade floor area exception.

The attached draft ordinance proposes to amend the list of exceptions to the definition of floor area in Section 114-1 of the LDRs, specific to applicable parcels located within the Block 1 properties in the South of Fifth Street area. For reference, the Block 1 properties, as more specifically defined in Section 142-698 of the LDRs, are located within the block bounded by South Point Drive and First Street, between Collins Avenue and Ocean Drive, and include the 1 Ocean site.

Currently, the definition of ‘floor area’, in Section 114-1, has a full exception for floor area located below grade when the top of the slab of the ceiling is located at or below grade; generally, grade is defined as sidewalk elevation. However, for existing contributing structures that are located within a local historic district, national register historic district, or local historic site, when the top of the slab of an existing ceiling of a partial basement is located above grade, only one-half of the floor area of the corresponding floor that is located below grade is included in the FAR calculation.

The proposal herein would allow structures located within Block 1 Properties, as more specifically defined in section 142-698(a) of the LDRs, to be eligible for this exception pertaining to only one-half of the floor area of the corresponding floor that is located below grade being included in the floor area ratio calculation. The Administration is supportive of this proposal as it is limited in scope and consistent with the development regulations in place when the Block 1 parcels were previously developed.

CITY CHARTER ANALYSIS
Section 1.03(c) of the City Charter states, in part, the following:

The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.

The proposal reintroduces a FAR exemption that existed prior to the date of the adoption of the Charter Amendment (November 7, 2001) that was subsequently removed in 2015. As a result, this amendment does not contravene the requirements of the City Charter and the proposed ordinance can be considered for adoption by the City Commission.

PLANNING BOARD REVIEW
On May 23, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).

Update Development Regulations

No Fiscal Impact Expected