| | | | | | | |  | Ordinances - R5 A
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | October 18, 2023 | | | | 10:10 a.m. First Reading Public Hearing
| | SUBJECT: | CENTURY LANE AND FARREY LANE OVERLAY DISTRICT - LDR REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," AT SECTION 7.2.4, ENTITLED "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," BY CREATING SUBSECTION 7.2.4.6, ENTITLED "CENTURY LANE AND FARREY LANE OVERLAY DISTRICT," TO PROVIDE SPECIFIC DEVELOPMENT REGULATIONS FOR THE OVERLAY, INCLUDING AMENDING THE MAIN PERMITTED, PROHIBITED, AND CONDITIONAL USES, MODIFICATIONS TO THE LOT AGGREGATION REQUIREMENTS, AND INCLUSION OF DESIGN AND RESILIENCY STANDARDS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, APPLICABILITY, 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 December 13, 2023. |
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| | | | | | | | BACKGROUND/HISTORY
| On October 26, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the subject Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board (C4 C). On November 18, 2022, the LUSC discussed and continued the proposal to January 25, 2023. Additionally, the item sponsor indicated he would be meeting with the affected stakeholders and surrounding residents to discuss appropriate revisions to the draft overlay.
Prior to the January 25, 2023 LUSC meeting, the item was deferred to the February 15, 2023 LUSC meeting, at the request of the item sponsor. On February 1, 2023, at the request of the item sponsor, the City Commission referred to the LUSC an expansion of the Century and Farrey Lane discussion to include the entire north side of Belle Isle (C4 A). As part of this supplemental referral, the City Commission requested that the item come back to the City Commission before traveling to the Planning Board.
At the request of the sponsor, the item was deferred to the February 15, 2023 LUSC meeting. On February 15, 2023 the item was discussed and continued to the April 19, 2023 LUSC meeting. On April 19, 2023 the item was deferred to the May 10, 2023 LUSC meeting, with no discussion.
On May 10, 2023, the LUSC recommended that the City Commission refer the proposed ordinance to the Planning Board with an amendment allowing up to a 3-lot aggregation for non-conforming hotel uses that improve onsite vehicular circulation. On June 28, 2023, the City Commission referred the proposed ordinance to the Planning Board for review and recommendation (Item C4 N).
Development History
Both Century Lane and Farrey Lane were primarily developed with single-story bungalows, constructed between 1940 and 1941. The lots on Century Lane and Farrey Lane, which range in size from under 3,000 square feet up to 4,500 square feet, are among the smallest individual lots within any RM-1 multi-family zoning district in the city. As noted in the 1952 plat book, Century Lane contained 12 individual lots and Farrey Lane contained 14 individual lots, most of which exist today. These lots were actually subdivided from the original platting, as noted in the 1935 plat book.
The original bungalows remained largely intact on both streets until the mid-1990’s, when a permit was issued for the demolition of six (6) homes and the construction of the six story ‘Vistas’ condominium on Century Lane at the western end of the north side of Belle Isle. The Vistas project included 48 residential units and 71 parking spaces and was designed to the maximum floor area ratio (FAR) allowed at that time (87,000 square feet).
Six (6) individual properties remain on the northeast side of Century Lane, of which one (1) has a new home under construction and two (2) others have new proposed homes. The other three (3) properties currently have no development planned. Of the original fourteen (14) properties on Farrey Lane, ten (10) homes remain, none of which have completed development applications or approvals for substantial new construction.
Belle Isle Zoning
The north side of Belle Isle, including Century Lane and Farrey Lane, is zoned RM-1, Residential Multifamily Low-Intensity, with a maximum FAR of 1.25 and maximum height of 55 feet when parking and/or non-habitable spaces are provided at the ground level. The south side of Belle Isle is zoned RM-2, Residential Multifamily, Medium Intensity, with a maximum FAR of 2.0 and maximum height of 60 feet to 140 feet, depending on the ground floor configuration and size of the lot. |
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| | | | | | | | ANALYSIS
| The following is a summary of the proposed overlay ordinance, which is attached:
Allowable Uses
1. The main permitted uses within the overlay are limited to apartment, townhome and single-family dwelling.
2. There shall be no conditional or accessory uses in the overlay.
3. The following uses would be prohibited in the overlay:
• Day care facility;
• Religious institutions;
• Private and public institutions;
• Schools; and
• Commercial or noncommercial parking lots and garages.
Lot Aggregation Guidelines
1. A maximum of three (3) platted lots may be combined for the use of a single family dwelling only. Apartment or townhomes shall not be permitted on more than two (2) aggregated lots.
2. Where a development is proposed on three (3) lots, the maximum building height for the entire portion of at least one (1) of the aggregated lots shall not exceed 35 feet.
3. Where a development is proposed on three (3) lots, the property owner shall voluntarily elect, at the owner’s sole discretion, to execute a restrictive covenant running with the land, in a form approved by the planning director and city attorney affirming that, in perpetuity, no portion of the approved building on the property shall be leased or rented for a period of less than six (6) months and one (1) day.
4. New construction shall acknowledge the original platting of the assembled parcels through separation of buildings and appropriate architectural treatment within the building's façade.
5. For unified sites containing a non-conforming hotel use, up to three (3) platted lots may be aggregated and the foregoing limitations (1 to 3) shall not apply. The aggregation of up to three (3) platted lots shall only be permitted if any lots fronting Farrey Lane are used for the sole purpose of providing vehicular circulation and do not contain any enclosed structures.
Design and Resiliency Standards
1. All levels of an existing structure located below Base Flood Elevation plus one (1) foot (BFE +1’) may be repurposed with non-habitable uses.
2. Subterranean levels shall only be permitted in the event that the space is purposed and designed as part of a storm water management plan, including but not limited to storm water collection and cisterns for reuse of captured water.
3. New construction shall be designed to incorporate naturally landscaped areas at the ground level, in addition to the minimum setback requirements, which is equal to or greater than five (5) percent of the total lot area. In lieu of this requirement, a green roof(s) may be provided with a minimum area of 25% of the total roof area.
4. For raised yards requiring a retaining wall, the exterior of such wall, on all sides, shall be designed and finished in a manner that result in a high-quality appearance when seen from adjoining properties.
5. In all instances where the existing elevation of a site is modified, a site shall be designed with adequate infrastructure to retain all stormwater on site in accordance with all applicable state and local regulations.
SUMMARY
The existing residences on Farrey and Century Lane work well as a cohesive architectural form, due to their collective low scale and connection to the street. However, these older homes are all well below current standards for flood elevation, and any new construction, regardless of lower building heights, is going to have an impact on the older scale of buildings. New construction, for better or for worse, simply does not have the ability to accommodate this same scale, due to minimum flood elevation requirements.
The Administration is supportive of the proposed overlay ordinance, as it accommodates existing development regulations (e.g., FAR) and allows for appropriate new construction along Century and Farrey Lane. Additionally, non-residential uses would not be permitted within the overlay.
PLANNING BOARD REVIEW
On September 26, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with an unfavorable recommendation (7-0).
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for December 13, 2023. |
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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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| | | | | | | | Sponsor
Commissioner Alex Fernandez |
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