R5D - Amend Ldrs for North Beach Overlay

Ordinances - R5 D

COMMISSION MEMORANDUM

9:21 a.m. Second Reading Public Hearing**

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) adopt the ordinance.

BACKGROUND/HISTORY

The subject application was submitted on August 6, 2024 by TMG 67 Communities LLC with respect to the property located at 6701 Collins Avenue. This is a private application filed pursuant to Sections 2.4.1 and 7.1.10 of the Resiliency Code. The application proposes to create the North Beach Oceanfront Overlay within the City’s Future Land Use Map, the text of the City’s 2040 Comprehensive Plan, and the City’s Resiliency Code.

The Deauville name has a long history dating back to 1926. The original Deauville hotel at 6701 Collins Avenue was constructed in 1926, modified in the early 1930’s, and totally demolished in 1956. The former Deauville hotel, which was demolished in 2022, was constructed in 1956 and designed by noted Miami Beach architect Melvin Grossman, in the Post War Modern (MiMo) style. The former hotel was also classified as a contributing building in the Miami Beach Historic Properties Database and the site is located within the North Beach Resort Local Historic District.

One of the most noticeable features of the former building was its dramatic porte-cochere, comprised of sweeping intersecting parabolic curves, creating a defining entry point for this once all-inclusive resort. Stepped horizontal planes rose from the street to the 2nd floor lobby entrance along the building’s façade, providing shelter and a clear pedestrian procession from Collins Avenue. This lobby entrance was one of the three main differentiated architectural features of the building.

The former 2-story structure on the south side of the property contained ground level retail spaces with a two-story height ballroom space above, made legendary by the 1960s appearance of the Beatles on the “Ed Sullivan Show.” An elongated honeycomb pattern of ornamental hollow clay blocks formed a distinctive screening mechanism for the ballroom façade on Collins Avenue. The hotel portion of the former building rose 15 stories at the north end of the property and contained continuous horizontal windows and projecting concrete eyebrows.

After a fire in the former Deauville’s electrical room, the building was closed on July 25, 2017. The city took extensive action to attempt to ensure that the former building was not demolished by neglect through enforcement action by the Building Department and by filing action in Circuit Court to attempt to force the property owner to meet its obligations with respect to the 40-year building re-certification process and pursuant to a 2018 Unsafe Structures Board Order, among other relief intended to prevent the building’s demolition by neglect. One of those obligations was for the owner to provide a Structural Condition Assessment Report from a licensed engineer.

After years of enforcement action and litigation, the owner provided the required Structural Condition Assessment Report. Unfortunately, that report (which the Building Official verified) established that the building was unsafe and could not be saved due to structural defects in the building. The building was demolished in November 2022.

ANALYSIS

Planning Board and City Commission Review Requirements The application submitted herein is in accordance with Section 7.1.10.2(a) of the LDRs, which requires the following 3-step process, prior to the review by the City Commission:

a.

Step One – Planning Board Preliminary Review. The Planning Board, at a duly noticed public hearing, shall perform an initial review of the proposed ordinance. Notice of the Planning Board preliminary review hearing shall be given in accordance with the applicable provisions in Chapter 2, Article IV of the Land Development Regulations. If the proposed ordinance involves less than ten (10) contiguous acres, the notice requirements for the preliminary Planning Board review shall also include a minimum 30-day mail notice for all properties within 375 feet of the properties subject to the proposed floor area or FAR increase, and a 30-day published notice.

Prior to the Planning Board’s preliminary review stage, the Administration, either internally or with the assistance of an outside consultant, will perform an impact analysis of the proposed FAR increase; and such impact analysis shall include, but not be limited to, the following:

1.

Calculation of the actual square footage increase for affected properties such as, for example, the maximum allowable square footage for residential, office, retail, hotel or other uses resulting from the FAR increase.

2.

An infrastructure analysis regarding potential impacts on traffic/mobility, parking, water, sewer, resiliency, parks and open space, as well as any other area of concern identified by the City Commission or the Administration.

3.

Massing studies, which illustrate the volume and location of the area associated with the proposed increase in FAR.

For private applications, the applicant shall be required to provide all data and exhibits related to the above noted impact analysis as part of the application submission. The findings of this impact analysis shall be presented to the Planning Board at the preliminary review stage.

b.

Step Two – Community Outreach Meeting: Subsequent to the Planning Board’s preliminary review meeting, the City shall facilitate a

public meeting for all affected stakeholders, in order to solicit additional input and feedback, as well as for City staff to address any outstanding issues or questions. A reasonable effort shall be made to ensure that such public meeting is held no later than 45 days from the date of the preliminary review by the Planning Board. Courtesy notice of the meeting shall be given by the applicable City department, in coordination with the Planning Department, in a manner consistent with the City’s courtesy notices for other community meetings, workshops, or presentations.

c.

Step Three – Planning Board Transmittal: At a second duly noticed public hearing, which is separate and apart from the preliminary review hearing, the Planning Board shall consider and transmit the proposed ordinance to the City Commission with a recommendation. Notice of this transmittal hearing shall be given in accordance with the applicable provisions in Chapter 2, Article IV of the Land Development Regulations.

After transmittal to the City Commission, the review requires a similar 3-step process:

a.

Step One – First Reading Public Hearing: After transmittal of the ordinance by the Planning Board, the City Commission shall hold a first reading public hearing. Notice of the first reading shall be given in accordance with the applicable provisions in Chapter 2, Article IV of the Land Development Regulations. If the proposed ordinance involves less than ten (10) contiguous acres, the notice requirements for first reading shall also include a minimum 30-day mail notice for all properties within 375 feet of the properties subject to the proposed floor area or FAR increase, and a 30-day published notice.

b.

Step Two – Community Workshop: Subsequent to the approval of the ordinance at first reading, and prior to second reading, at least one additional community workshop, which is separate and apart from the first reading public hearing, shall be held. This additional community workshop shall be considered a courtesy meeting, and open to participation by all affected stakeholders, including residents, property owners, or businesses in the surrounding area that may be affected by the proposed floor area or FAR increase, as determined by the City Commission. Such community workshops may be held in a virtual, in-person or hybrid formats, at the discretion of the City Commission, and shall be noticed in a manner to be determined by the City Commission.

c.

Step Three – Second Reading / Adoption Public Hearing: After the community workshop described above, the City Commission shall hold a second reading public hearing to consider final adoption of the proposed ordinance. Notice of the second reading shall be given in accordance with the applicable provisions in Chapter 2, Article IV of the Land Development Regulations.

Proposal The applicant is proposing to create a new overlay, entitled the North Beach Oceanfront Overlay district, as well as amend the RM-3 development regulations specific to 6701 Collins Avenue, the site of the former Deauville Hotel. A separate, companion ordinance, proposes to amend the comprehensive plan. Collectively, these amendments would enable the construction of an apartment hotel development, with the following uses and amenities:

• •

140 hotel rooms;

• •

200 residential apartment units;

• •

7,300 square feet of retail;

• •

34,000 square feet of food and beverage service;

• •

24,000 square feet of ballroom/banquet space;

• •

A 7,500 square foot spa;

• •

A 5,300 square foot gym; and

• •

98 parking spaces.

The subject site is 166,500 square feet and the former Deauville Hotel previously contained 566 hotel rooms.

The proposal includes up to 416,250 square feet of bonus floor area (2.5 bonus FAR). When combined with the current maximum allowable floor area of 499,500 square feet (3.0 FAR), up to 915,750 square feet of floor area would be permitted, which would equate to an overall FAR of 5.5 for the property. The maximum zoned FAR for the property would remain at 3.0.

Additionally, the applicant is proposing up to 100 feet of bonus building height, which will result in new towers constructed with a total height of 300 feet. The maximum zoned building height for the property would remain at 200 feet. The applicant is also proposing to modify the minimum setback requirements in a manner specific to the property.

The following is a summary of the proposed modifications to floor area, building height and setbacks, as compared to the current requirements of the LDRs:

Current Required or Max Proposed 3.0 FAR / 499,500 SF

Difference 416,250 SF Bonus +416,250 SF / +2.5 5.5 FAR / 915,750 SF Note: each 1.0 increase in FAR results in an addition of 166,500 SF to the site.

FAR

Height 200 Feet 100 bonus feet +100 feet (300 feet total height)

Front Setback Pedestal Tower

20 50 feet Zero feet 40 feet -20 feet -10 feet

Side Setback Pedestal

40 feet 30 feet (N) 20 feet (S) None 30 feet -10feet -20 feet -30 feet -20 feet

Side Sum Tower

80 feet 50 feet

Note: The current setbacks reflect an overall height not to exceed 200 feet.

Other proposed amendments include modifications to the allowable setback encroachments, as identified in the attached ordinance. These include up to a zero-foot side setback for certain structures, as well as modifications to the rear setback requirements.

Additionally, a reduction in the minimum off-street parking requirements is proposed, along with the allowance for subterranean parking and mechanical parking without the review of the Planning Board. Lastly, a substantial exemption from the requirements of the long frontage standards is also proposed.

In accordance with the requirements noted above for FAR increases, the following are required to be provided as part of the application submission:

1.

Impact analysis of the proposed FAR increase. The current maximum permitted floor area for the site is 499,500 square feet and a maximum of 915,750 square feet is proposed.

The draft ordinance includes an FAR bonus of up to 416,250 square feet.

2.

Infrastructure analysis regarding potential impacts on traffic/mobility, parking, water, sewer, resiliency, parks and open space. The applicant submitted the attached analysis prepared by Schwebke, Shiskin & Associates, which was based upon the previous breakdown of residential and hotel uses. This analysis addresses water, sewer, and fire flow requirements. Additionally, the attached traffic and parking impact statement for the proposed development, was based upon the previous breakdown of residential and hotel uses was prepared by Kimley Horn. As it pertains to parks and open space, the preliminary analysis was based on the addition of 140 residential units and would result in a deficiency in basketball courts and tennis/pickleball courts. This will require the payment of concurrency mitigation fees at the time of building permit.

Based upon the revised distribution of hotel and residential units, further analysis of the infrastructure components will be required. However, the revisions to the mix of units is not expected to result in infrastructure impacts that are insurmountable.

3.

Massing Studies. The previous maps and massing studies that illustrated the volume and location of the area associated with the proposed FAR increase were based on a different tower configuration than what is currently being proposed.

4.

Although not technically required, the applicant has also provided the attached Economic Impact Analysis, prepared by the Washington Economics Group.

As part of the initial Planning Board review of the application, the following concerns were noted by staff and all have largely been addressed:

1.

Reconstructed floor area. Staff previously noted inconsistencies with the plans submitted to the Historic Preservation Board in 2013 for the redevelopment of the subject property, including a new tower on the site, which indicated that the existing Deauville Hotel structure contained approximately 309,000 square feet of floor area. This issue has largely been addressed in the current submittal; however detailed FAR drawings will be required as part of the building permit review process in order to fully substantiate the prior FAR for the site.

2.

Massing Studies. The original massing study provided was inadequate, as it only included one basic site diagram, along with one axonometric drawing with ‘ghosted’ towers. More detailed floor plans, a section drawing, and various renderings were provided.

3.

Exemption from long frontage standards. Previously the applicant requested full exemption from the requirements of the long frontage standards, with no explanation as to why compliance cannot be achieved. As these frontage standards are required to ensure the long- term resiliency of the site staff was concerned with a blanket waiver without adequate supporting documentation. The ordinance has been revised to include more specific language relative to the waivers, including for the required circulation zone. Waivers from the Resiliency Standards may also be sought from the Historic Preservation Board (HPB).

4.

Deauville Reconstruction. As noted above, only the pedestal is now considered as a partial reconstruction, and due to changes to the overall design and massing of the hotel tower, including a substantial increase in the rear setback, the hotel tower is no longer considered as a partial reconstruction, and will be a re-interpretation of the original design. To date, the applicant has not provided a revised design for this re-interpreted hotel tower. However, approval of all new construction at the site will be subject to the approval of the HPB at a future date.

Comprehensive Plan Amendment and Review Process The proposal requires an amendment to the Comprehensive Plan for the proposed changes to the maximum intensity requirements for the property. A separate, companion ordinance is

proposed for the required comprehensive plan amendments.

PLANNING BOARD REVIEW On November 26, 2024, the Planning Board held a public hearing, reviewed the proposed ordinance and continued it to the January 7, 2025, meeting. On December 17, 2024, a public workshop was held after the first review of the Planning Board and additional input was received from the workshop participants.

On January 7, 2025, the Planning Board continued the proposed ordinance to a date certain of February 4, 2025, at the request of the applicant, with no substantive discussion. On February 4, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-0).

UPDATE/SUMMARY The subject ordinance was approved at First Reading on March 19, 2025, with the following additional amendments (in bold), as recommended by the Administration:

Sec. 7.3.11 – Development Regulations for the North Beach Oceanfront Overlay

* * *

b. Development Regulations.

Notwithstanding the development regulations contained in Section 7.2.6, the following regulations shall govern proposed development within the boundaries of this overlay district. These regulations, including, but not limited to bonus FAR and bonus building height, shall require the partial reconstruction of a previously existing contributing building, as determined by the Historic Preservation Board. and in In the event of any conflict between the overlay regulations and the requirements of Resiliency Code, these regulations shall control:

* * *

11. Maximum floor plate. All floors of the residential towers containing residential units shall have a maximum floor plate, exclusive of projections, unenclosed balconies, of 9,500 square feet, per floor.

These amendments were incorporated into a draft ordinance that was set for Second Reading on May 21, 2025. Additionally, the proposed amendments to the LDRs and the Comprehensive Plan are tethered to a separate development agreement that was approved by the City Commission at First Reading on April 23, 2025.

On May 21, 2025, Second Reading of the subject LDR amendment, the companion Comprehensive Plan amendment and the development agreement, were all opened and continued to a date certain of June 25, 2025. After the May 21, 2025 City Commission meeting, the applicant provided revised versions of the LDR and Comprehensive Plan amendments, which contained the following changes to the proposal:

1. Previously, the applicant requested a height bonus of 180 feet, which increased the maximum building height from 200 feet to 380 feet. The requested height bonus has now been reduced to 100 feet, which would increase the maximum building height from 200 feet to 300 feet.

2. The floor plates of the revised towers are proposed to be increased from 10,000 square feet per floor to 25,000 square feet per floor, to accommodate the proposed reduction in building height.

3. To accommodate the lower building height, the applicant has proposed to modify the previous requirement to substantially reconstruct the former Deauville by allowing for the

reinterpretation of the original tower portion of the hotel and redistribute the allowable FAR within 2 new towers that have been relocated within the site.

4. The applicant has limited the overall density of the project not to exceed 200 residential units and 140 hotel units.

Additionally, at the request of the City Commission, the attached economic analysis was prepared by Miami Economic Associates (MEA) regarding the value of the additional FAR and height contemplated in the proposal. This analysis was conducted under the original proposed building height of 380 feet, Although the applicant has indicated they do not agree with the findings in this analysis, the Administration believes that the substance of the analysis should be considered by the City Commission.

Finally, for the LDR and Comprehensive Plan amendments, as well as the development agreement, to be considered for adoption together, the applicant has requested that the City Commission waive the annual zoning cycle restriction for the subject LDR amendment, pursuant to Section 2.3.2 of the LDRs. Absent a waiver of the annual zoning cycle, the subject LDR amendment would not be eligible for adoption until October 29, 2025.

The reconstruction of the former Deauville, including the reinterpretation of the tower, are important as the significant height and FAR bonuses proposed were conceived and predicated upon the faithful recreation of an important architectural landmark in North Beach. As indicated by the applicant, these bonuses are intended to offset the costs associated with the reconstruction of the former Deauville hotel.

The Administration is not opposed to the proposed reduction in the height bonus, nor the lowering of the maximum height of the project. However, the applicant's proposal to modify the previously proposed reconstruction of the tower portion of the former Deauville hotel must be looked at cautiously. In this regard, the applicant has studied and agreed to tangible options to re-introduce the original tower portion of the former Deauville hotel. However, should this proposal move forward, it will be incumbent upon the applicant to faithfully re-interpret the exterior design, as well as the location, orientation and footprint of the original Deauville hotel tower. To this end, the Historic Preservation Board will play a critical role in ensuring a successful project from an architectural and appropriateness standpoint.

FISCAL IMPACT STATEMENT

No Fiscal Impact

Does this Ordinance require a Business Impact Estimate? No (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: 3/24/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

Not Applicable

CONCLUSION

The Administration recommends the following:

1.

The City Commission adopt the ordinance.

2.

Pursuant to Section 2.3.2 of the LDRs, the City Commission waive the annual zoning cycle

restriction for the subject amendment.

Applicable Area

North Beach

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

If so, specify the name of lobbyist(s) and principal(s):

Department

Planning

Sponsor(s)

Private Applicant

Co-sponsor(s)

Condensed Title

9:21 a.m. 2nd Rdg, NB Oceanfront Overlay-LDR Amendment. (PrivApp) PL 6/7

Previous Action (For City Clerk Use Only)

Continued from 5/21/2025 - R5 D