ALTON GATEWAY DEVELOPMENT REGULATION AMENDMENTS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SECTION 142-311, ENTITLED "ALTON ROAD GATEWAY AREA DEVELOPMENT REGULATIONS," TO INCLUDE MODIFICATIONS TO BUILDING SETBACKS, PEDESTRIAN PATH REQUIREMENTS, BUILDING HEIGHT FOR NON-RESIDENTIAL STRUCTURES, AND GREEN SPACE REQUIREMENTS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.

HISTORY
On January 23, 2019, at the request of Mayor Dan Gelber, the City Commission referred the proposed ordinance amendment to the Land Use and Development Committee and Planning Board (Item R9 D).

The Land Use and Development Committee reviewed the proposed amendment on February 20, 2019 and recommended approval.

BACKGROUND
On December 12, 2018, the City Commission approved an amendment to the Land Development Regulations to establish the Alton Road Gateway Area Development Regulations for the CD-2 zoning district. This amendment was a companion to a development agreement that allowed for a street vacation to create a large unified development site which will accommodate a 519 foot tall tower and a three (3) acre public park between 500 and 700 Alton Road.

PLANNING ANALYSIS
As the site planning for the proposed development has moved forward, it has become apparent that minor tweaks are necessary in order to ensure the viability of the development and improve its ability to enhance the resiliency of the City due to sea level rise.

The proposed ordinance modifies the Alton Road Gateway Area as follows:

1. Modifies the setback on West Avenue from 35 feet to 20 feet. This provides for a setback that is consistent with other multifamily residential districts in the vicinity.

2. Modifies the requirement for the “clear pedestrian path” along West Avenue, Alton Road, and 5th Street/Mac Arthur Causeway from a minimum width of 10 feet to 5 feet. Since the development will include an elevated walking trail that encircles the development and the park, additional flexibility can be provided for the clear pedestrian path without sacrificing mobility.

3. Increases the height limit for non-residential from 25 feet to 40 feet. The proposal is compatible with the heights of other commercial buildings along Alton Road which have height limits of 50 to 60 feet.

4. Modifies the requirement that the green space be free from underground structures to allow for “non-habitable utility structures.” This will allow for open space to incorporate a cistern which can be utilized to enhance the City’s ability to deal with storm water in light of sea level rise.

5. Allows for elevated pedestrian walkways to be constructed over the green space. This will allow for the walking path that will encircle the development to be constructed and provided as a recreational amenity.

In addition to these modifications, as recommended by the LUDC on February 20, 2019, the required setback along 5th Street would be reduced from 20 feet to 17 feet. This change is included within the attached draft ordinance.

PLANNING BOARD REVIEW
On February 26, 2019, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0). The Planning Board recommendation also included the proposed reduction in the required setback along 5th Street from 20 feet to 17 feet.

UPDATE
On March 13, 2019, the City Commission approved the subject ordinance at first reading. A minor amendment was proposed on the floor, to allow for a limited reduction of the clear pedestrian path, by up to five feet, for the sole purpose of accommodating the trunk diameter of canopy street streets when adjacent to a building. This amendment has been fine-tuned for clarity purposes, and incorporated within the text of the ordinance for adoption.

Since this proposed reduction of the clear path would only apply to limited areas of the development site, adjacent to a building, and for the sole purpose of accommodating canopy trees, the actual scope and application of the reduction will be very narrow. In the realm of the overall development site, such reduction will be negligible and the administration is supportive of the amendment.