| | | | | | | |  | Committee Assignments - C4 T
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Commissioner Joy Malakoff | | | DATE: | October 18, 2017 | | | |
| | SUBJECT: | REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNING BOARD OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR) OF THE CITY CODE TO CLARIFY THE MAXIMUM ALLOWABLE FLOOR AREA RATIO (“FAR”) FOR UNIFIED DEVELOPMENT SITES CONTAINING BUILDINGS WITH LEGALLY NONCONFORMING FAR AND/OR ELEVATED OPEN-AIR BRIDGES, PASSAGEWAYS OR CONNECTIONS USED SOLELY FOR PEDESTRIAN CIRCULATION BETWEEN BUILDINGS. |
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| | | | | | | | ANALYSIS
| Please place on the October 18, 2017 City Commission Agenda, a dual referral to the Land Use and Development Committee and to the Planning Board for an amendment to the Land Development Regulations (LDR) of the City Code to clarify that where multiple lots or building sites are merged into a unified development, that the maximum FAR allowable for the unified development site consists of the aggregate of the maximum FAR allowed for each of the various individual sites that compose the unified development site, including any legally nonconforming FAR within any of the individual lots or building sites. The merger of a lot or building site that is legally nonconforming as to FAR with one or more abutting sites to form a unified development site shall not require the elimination or reduction of such nonconforming FAR or the loss of any other FAR capacity that would be available on any of the individual sites absent the merger. Further, within unified development sites, elevated open-air bridges, passageways or other connections used solely for pedestrian circulation between buildings shall not count towards the maximum allowable FAR.
The proposed ordinance is required to eliminate ambiguity in the Code and to give effect to Section 1.03(c) of the City Charter, which provides that the Charter restriction against FAR increases “shall not preclude or otherwise affect the division of lots, or the aggregation of development rights on unified abutting parcels, as may be permitted by ordinance.” It is consistent with the flexibility intended by Sections 114-4(7) & 142-73(6) of the Code, which allow the allocation of FAR across different zoning districts within a unified development site, and by Sections 118-395(b)(2)(d)(1) and (e)(1) of the Code, which authorize the retention of nonconforming FAR within certain structures as a means of encouraging the preservation of such structures.
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Joy Malakoff |
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