Miami Beach |
Code of Ordinances |
SubPart B. LAND DEVELOPMENT REGULATIONS |
Chapter 118. ADMINISTRATION AND REVIEW PROCEDURES |
Article V. TRANSFER OF DEVELOPMENT RIGHTS |
§ 118-223. Procedures pertaining to the transfer of development rights (unused floor area).
(a)
Application.
(1)
An applicant for transfer of development rights shall file an application with the planning and zoning director who shall place the request on the agenda of the planning board after it is determined that the application is complete. Filing and processing procedures for placing the request on the agenda shall be pursuant to the conditional use procedures as listed in article IV of this chapter.
(2)
The application shall include plans, construction schedule, status of financing and a general description of the manner in which the project shall be constructed. Plans shall include, but not be limited to, a site plan, elevations, landscaping as well as other items listed in section 118-1.
(3)
The application shall include substantiation of how the project complies with the criteria listed in subsection 118-223(b).
(4)
If variances are required, the transfer of development rights (unused floor area) shall first be approved by the planning board and then the board of adjustment may consider requests for variances; however, it is not within the board of adjustment's jurisdiction to consider variances relating to the following development regulations: floor area, floor area ratio or those regulations listed in subsections 118-223(c)(2), (4), (5), (6), (7) or (8). Deviation from these development regulations are considered as an amendment to these land development regulations and shall be considered pursuant to article III of this chapter.
(5)
All projects are required to be approved by the design review board prior to consideration by the planning board or board of adjustment.
(b)
Evaluation criteria. A request for a transfer of development rights (unused floor area) shall only be approved if the planning board finds that the application is consistent with the following mandatory criteria.
(1)
The project is consistent with the comprehensive plan and will not reduce the levels of service set forth in the plan.
(2)
The project is consistent with the intent of these regulations as set forth in section 118-221.
(3)
The project provides adequate off-street parking facilities, the enhancement or creation of view corridors either through the building(s) or within open space that is in addition to the required setbacks.
(4)
The transfer of unused floor area is desirable for purposes of enhancing the overall development; the creation of view corridors; improves the pedestrian environment, public right-of-way and publicly owned property.
(5)
The transfer of development rights (unused floor area) accomplishes a public purpose that is consistent with the comprehensive plan.
(6)
The proposed development shall be designed to produce an environment of desirable character and in harmony with the neighborhood. The provisions herein are intended to result in a superior quality of development and open space relationships with high standards for recreational and parking areas.
(7)
A logical and superior pattern of development results through the transfer of development rights (unused floor area) rather than in projects that would occur if the property were developed independently of one another.
(c)
Development regulations.
(1)
The project shall be consistent with the development regulations as set forth in these land development regulations, unless the board of adjustment grants a variance(s) to such development regulations. (See subsection 118-223(a)(4) which lists what types of requests are not within the jurisdiction of the board of adjustment).
(2)
The maximum floor area for the entire project shall not exceed the combined floor area as determined by the underlying zoning districts of each of the individual parcels that are shown on the site plan. The amount of floor area transferred shall be determined by the maximum permitted floor area allowed on the transferring lot minus the provided floor area; but, excluding floor area in parking garages and commercial uses if they are included in a parking garage.
(3)
If the developments contain a building which is listed in the Miami Beach historic property database, then the maximum allowed floor area that may be transferred excludes the floor area in the existing building if such building is designated as a local historic site and it is substantially rehabilitated in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. A building permit and certificate of occupancy or certificate of completion for the rehabilitation shall be issued at the same time or before a building permit and certificate of occupancy or certificate of completion is issued for the structure on the receiving lot.
(4)
A receiving property shall not exceed the maximum allowed floor area provisions on a receiving lot by more than 20 percent. Any floor area that is transferred to a receiving property and which is used as units shall meet or exceed the average floor area per unit size provided in the building.
(5)
No more than 25 percent of the required parking shall be placed in a building on a lot that received the transfer of development rights (unused floor area).
(6)
If a garage is constructed on a transfer lot, it shall contain retail uses on the ground floor elevation that faces Collins Avenue, Alton Road or Fifth Street. The development regulations pertaining to parking lots and garages are set forth in subsection 142-1132(n).
(7)
All lots contained on the site shall be within 400 feet of each other.
(8)
Minimum dimension of a receiving lot shall be 200 feet wide and 50,000 square feet of lot area.
(9)
In a receiving district, the front setback for the pedestal and the tower shall be 50 feet. However, if the project contains retail uses on the ground floor facing the street, the front setback for the pedestal shall be 15 feet with a height restriction of 20 feet and the tower front setback shall be 50 feet.
(10)
Any project that is located in the dune overlay district shall, at the request of the city, continue, extend or connect to the city's beachfront park and promenade in accordance with the established guidelines. Projects adjacent to Biscayne Bay or Government Cut shall include a pedestrian walkway which may or may not be accessible to the general public; however, walkways on-sites adjacent to the Miami Beach Marina shall be open to the general public.
(11)
Transfer properties in different projects fronting on the same street which have a parking garage that is 50 percent or more of the total floor area of the building shall be no less than 400 feet from another transfer property that is similarly developed.
(12)
These regulations are only applicable when the receiving property contains new construction on the entire lot or if the receiving property has a historic structure as a main permitted building.
(13)
The planning board may impose conditions on the project to insure that the project is compatible with the neighborhood, supports the intent of these regulations, does not reduce the levels of service as set forth in the comprehensive plan and mitigates any negative impacts that may result from the development of a project under these regulations.
(14)
The design review board may require a greater setback than that which is required in order to achieve a view corridor.
(d)
Recording of documents. Within a reasonable time after the planning board's decision on the request to transfer development rights (unused floor area), a final order shall be recorded by the applicant in the public records of the county, against all of the properties in the development. The final order shall be recorded against the transfer and receiving properties. The final order shall include the amount of development rights (unused floor area) that was transferred and received for each property and the amount of required parking that shall always be made available to the receiving property and be in the form of an irrevocable covenant running with the land. Such covenant shall only be dissolved if the floor area that was built on the receiving property is completely removed. The applicant shall agree to bind themselves, successors and all of the property in the development with regard to conditions, if any, that are placed on the development. All documents that are required to be recorded in the public records of the county by these regulations shall first be approved by the city attorney.
(e)
Changes in the development. The final order(s) and documents that are required to be recorded against the property in the public records of the county shall not be changed unless such change is approved by those agencies and boards which were involved in the initial approval.
(Ord. No. 89-2665, § 6-29(C), eff. 10-1-89; Ord. No. 96-3048, § 1(C), 7-17-96; Ord. No. 98-3107, § 4, 1-21-98)