Item Coversheet

Ordinances - R5  E




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:April  3, 2024
 

10:30 a.m. Second Reading Public Hearing

SUBJECT:

HEIGHT REGULATIONS IN THE CCC DISTRICT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” AT SECTION 7.2.17, “CCC CIVIC AND CONVENTION CENTER DISTRICT,” TO MODIFY THE HEIGHT LIMIT FOR HOTELS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission adopt the ordinance.

BACKGROUND/HISTORY

On September 13, 2023, at the request of former Mayor Dan Gelber, Commissioners Alex Fernandez and Laura Dominguez, and now Mayor Steven Meiner, the City Commission referred an amendment pertaining to the Live Local Act (the Act) to the Planning Board (Item C4 R). The purpose of this referral was for Planning staff to draft ordinance amendments to clarify the requirements of the Act within the City’s development regulations and to address the maximum building height provisions set forth in the Act.

On October 24, 2023, the Planning Board held a public hearing and transmitted an ordinance to the City Commission with a favorable recommendation (7-0), which, among other things, amended the maximum building height requirements in certain zoning districts south of 23rd Street. On January 31, 2024, the City Commission approved the ordinance at First Reading and scheduled a Second Reading public hearing for February 21, 2024 (Item R5 X). On February 21, 2024, the City Commission adopted this ordinance.

At First Reading on January 31, 2024, the City Commission also made a separate referral to the Planning Board to amend the height regulations in the Civic and Convention Center (CCC) District. The CCC district consists entirely of City-owned land, including the Convention Center, City Hall, the Botanical Gardens, the Holocaust Memorial, Pride Park, and the Fillmore Theater (see attached zoning/site map).

ANALYSIS

As noted above, on October 24, 2023, the Planning Board transmitted a proposed ordinance to the City Commission that modified the maximum height limits in the RM-3 district south of 23rd Street and the CD-2 Alton Road Gateway District. This ordinance was adopted by the City Commission on February 21, 2024. The height modifications were intended to establish a 150-foot cap on maximum building heights permitted south of 23rd Street (generally the northern boundary of the Miami Beach Architectural District).

After the Planning Board transmitted the ordinance, and prior to First Reading, it was determined that an additional amendment to the CCC district would be needed to ensure that the maximum building height in all zoning districts south of 23rd Street does not exceed 150 feet; the CCC district currently permits up to 300 feet in building height for hotel uses. As such, on January 31, 2024, the City Commission referred a Land Development Regulation (LDR) amendment to the Planning Board to amend the height regulations in the CCC district.

The proposed ordinance amends section 7.2.17.3 of the Resiliency Code to reduce the maximum height limit for hotel uses in the CCC district from 300 feet to 150 feet. This proposal will not impact the proposed convention center hotel project, as it was previously approved by the Design Review Board with a building height of 185 feet and the approval remains active. The proposed amendment will ensure that any future hotels proposed in the CCC district would be more compatible with the nearby historic districts.


PLANNING BOARD REVIEW
On February 27, 2024, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).

 

UPDATE
On March 13, 2024, the City Commission approved the ordinance at First Reading, with no changes, and scheduled a Second Reading / Public Hearing for April 3, 2024. Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based upon the legislation implementing best practices in urban planning.

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As published on the City's website (https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/) on March 21, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.
 
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the item sponsors as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

No Fiscal Impact Expected

CONCLUSION

The Administration recommends the City Commission adopt the ordinance.

Applicable Area

South Beach
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 
Legislative Tracking
Planning
Sponsor
Mayor Meiner and Commissioner Bhatt, Vice-Mayor Dominguez, Commissioners Suarez & Fernandez

ATTACHMENTS:
Description
Ordinance
Map