| | | | | | | |  | Ordinances - R5 L
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | October 14, 2020 | | | | 1:50 p.m. First Reading
| | SUBJECT: | 4000 ALTON ROAD – LDR AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, AT SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” DIVISION 3, ENTITLED “RESIDENTIAL MULTIFAMILY DISTRICTS,” SUB-DIVISION IV, ENTITLED “RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,” CREATING SECTION 142-220, ENTITLED, “ADDITIONAL REGULATIONS FOR PROPERTIES THAT FRONT THE WEST SIDE OF ALTON ROAD AND THE JULIA TUTTLE CAUSEWAY,” TO CREATE ZONING REGULATIONS FOR PROPERTIES LOCATED WITHIN SUCH AREA; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission approve the subject ordinance at first reading and schedule a second reading public hearing for November 18, 2020. |
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| | | | | | | | BACKGROUND/HISTORY
| HISTORY
On October 16, 2019, at the request of Commissioners Michael Gongora and Ricky Arriola, the City Commission referred a discussion item to the Land Use and Development Committee (Item C4 T), pertaining to RM2 zoning regulations for 4000 Alton Road. The item was placed on the January 21, 2020 agenda of the newly created Land Use and Sustainability Committee (LUSC), and deferred to February 18, 2020, at the request of the proposer.
On February 18, 2020, the item was deferred to March 17, 2020, also at the request of the proposer. The March 17, 2020 LUSC meeting was postponed, and the item was moved to the May 6, 2020 LUSC agenda. On May 6, 2020 the LUSC discussed the proposal and recommended that the City Commission refer the attached ordinance to the Planning Board. On May 13, 2020, the City Commission referred the ordinance to the Planning Board (Item C4 C). After this referral, Commissioner Michael Gongora withdrew as a co-sponsor.
BACKGROUND
On March 5, 2014 the City Commission approved a request is to amend the Future Land Use Map of the Comprehensive Plan and the Official Zoning District Map of the City of Miami Beach, for parcels of land adjacent to the “Talmudic University Site.” Specifically, the Future Land Use Category for the subject parcels was changed from ROS, “Recreation and Open Space,” to “RM-2, Residential Multifamily Medium Intensity” and the Zoning District Classification was changed from GU, “Government Use,” to “RM-2, Residential Multifamily Medium Intensity”. This action accommodated an acquisition of surplus properties from the Florida Department of Transportation (FDOT) by the Talmudic University.
On February 12, 2014, the City Commission adopted ordinance 2014-3839, which increased the height limit from 60 feet to 85 feet for the area fronting the west side of Alton Road between Arthur Godfrey Road and West 34th Street (Talmudic University site). This was a companion to the aforementioned future land use map and zoning map amendments and was intended to facilitate the development of a vacant area on the Talmudic University site, as well as to fund improvements to the site. On March 4, 2014, the Design Review Board (DRB) approved the development of an 8-story, 72-unit, residential building; this project was never constructed.
In 2015, a private application was filed by the current proposer, to increase the maximum allowable height on the site from the existing 8 stories / 85 feet to 15 stories / 150 feet. The Planning Board did not recommend in favor of this height increase and the administration recommended denial when the proposal came before the City Commission. The applicant subsequently withdrew the application and it did not move forward.
The current owner of the vacant parcel on the south side of the site, “M 4000 Alton Owner LLC c/o M-4000 Alton MGR, LLC” (aka MAST Capital) is in the process of acquiring an additional 0.406 acres of surplus land from the Florida Department of Transportation (FDOT). The proposed surplus parcel is located at the NW corner of the triangular block fronting Alton Road and south side of the Julia Tuttle Causeway.
In order to accommodate this additional property and combine it with the existing site, MAST Capital is seeking the following land use amendments:
1. A re-zoning of the current FDOT parcel from GU, “Government Use” to RM-2, “Residential Multifamily, Medium Intensity”.
2. A companion Future Land Use Map (FLUM) amendment to change the future land use designation of the FDOT parcel from the current Public Facilities: Government Use (PF) category to the Residential Multifamily Medium Intensity (RM-2) category.
3. An LDR amendment that would create specific development regulations pertaining to setbacks and parking garage liner requirements for the area abutting the west side of Alton Road and the south side of 41st Street/Interstate 195. |
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| | | | | | | | ANALYSIS
| PLANNING BOARD REVIEW
Pursuant to the referral of the item by the City Commission on May 13, 2020, the following is a summary of the proposed LDR amendments considered by the Planning Board on August 25, 2020:
1. Increase the maximum building height from 85 feet to 140 feet.
2. Increase the height of allowable height exceptions from 20 feet to 30 feet.
3. Structures exceeding 85 feet in height will have a minimum setback of 100 feet from Alton Road.
4. Establish rear and side setbacks of 10 feet; however, habitable encroachments and decorative features may encroach into the setback up to 5 feet, above a height of 15 feet.
5. Establish a maximum floor plate size for the tower portion of the building of 30,000 square feet; however, the Design Review Board (DRB) may increase to 45,000 square feet in accordance with design review criteria
6. Provide that the residential liner requirement for floors containing parking only apply to the frontage facing Alton Road.
7. Require that new development install green infrastructure, such as bioswales, permeable pavements, and native vegetation to manage stormwater. It also requires that 100 percent of its own irrigation be through the installation of a cistern or other best practices.
8. Provide that the benefits of the ordinance only be available on sites that are over 60,000 square feet as of the adoption date of the ordinance.
The item was first noticed for the June 23, 2020 Planning Board agenda; at the request of MAST Capital, the item was continued to the July 27, 2020 Planning Board meeting. On July 27, 2020, also at the request of MAST Capital, the item was continued to the August 25, 2020 Planning Board meeting.
On August 25, 2020 the Planning Board held a public hearing and transmitted the LDR Amendments ordinance to the City Commission with an unfavorable recommendation by a vote of 6-0. The Planning Board members expressed concern with the proposed increase in height, and the lack of compatibility with the immediate area.
PLANNING ANALYSIS
Since the review of the proposal by the Planning Board on August 25, 2020, MAST has re-studied and substantially modified the proposed LDR amendments, including the removal of the proposed increase in building height. The revised proposal is now limited to revised setback, balcony encroachment and parking liner regulations for properties that front the west side of Alton Road, as well as the Julia Tuttle Causeway. The following is a summary of the revised scope of the proposed LDR amendments:
Setbacks
• Rear Pedestal: 10 feet*
• Rear Tower: 15 feet*
• Side Pedestal: 10 feet*
• Side Tower: 15 feet*
Allowable Encroachments
• Exterior unenclosed private balconies and ornamental features may project up to 50% into the required yard.
Parking Liner
• There shall be no parking liner requirement along the rear and sides of the building.
• The liner requirement for the eastern frontage along Alton Road shall not apply to a structure that is setback 50 feet or more from Alton Road.
The proposed LDR amendments are consistent with previously issued variances for the project and reflect the unique configuration of the property. Additionally, these amendments allow for the new building to achieve better separation from the existing Talmudic University structure and provide improved internal circulation within the property. In view of the foregoing, the administration is supportive of the proposed LDR amendment and recommends approval at first reading.
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| | | | | | | | CONCLUSION
| | The administration recommends that the City Commission approve the subject ordinance at first reading and schedule a second reading public hearing for November 18, 2020. |
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| | | | | | | | Applicable Area
| | Middle Beach |
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| | | | | | | | | 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 | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Ricky Arriola |
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