Item Coversheet

Ordinances - R5  B




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:May  25, 2022
 

5:23 p.m. First Reading Public Hearing

SUBJECT:

ALTON GATEWAY DEVELOPMENT REGULATIONS - FAR, PARKING AND HEIGHT 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 114, "GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," TO AMEND PROVISIONS RELATING TO FLOOR AREA CALCULATIONS FOR PARTIAL BASEMENTS; BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I, "IN GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT IN LIEU THEREOF," TO MODIFY THE REQUIREMENTS FOR A UNIFIED DEVELOPMENT SITE IN THE ALTON ROAD GATEWAY AREA; BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE 11, "DISTRICTS; REQUIREMENTS," SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, 7, 8, AND 9," TO AMEND PARKING REQUIREMENTS FOR CERTAIN GOVERNMENTAL USES IN PARKING DISTRICT NO. 6; BY AMENDING CHAPTER 142, 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," TO CREATE ADDITIONAL REGULATIONS FOR PROPERTIES FRONTING THE EAST SIDE OF WEST AVENUE AND LOCATED WITHIN THE ALTON ROAD GATEWAY AREA; AND BY AMENDING DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SECTION 142-311, ENTITLED "ALTON ROAD GATEWAY AREA DEVELOPMENT REGULATIONS," TO EXPAND THE ALTON GATEWAY AREA BOUNDARIES TO INCLUDE ADDITIONAL PROPERTIES SOUTH OF 8TH STREET, AND MODIFY THE MAXIMUM FLOOR AREA RATIO (FAR) AND BUILDING HEIGHT, AND AMEND GREEN SPACE REQUIREMENTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for September 14, 2022.

BACKGROUND/HISTORY

On March 9, 2022, (item R9T), the City Commission referred the subject Ordinance Amendment to the Land Use and Sustainability Committee (LUSC) and the Planning Board. The sponsor of the proposal is Commissioner Ricky Arriola.

On April 8, 2022, the LUSC discussed the proposal and continued the item to the May 13, 2022 LUSC meeting. On May 13, 2022, the LUSC discussed the proposal and moved the item to the Planning Board and full City Commission, with direction to the developer to continue community outreach.

ANALYSIS

PLANNING ANALYSIS
The proposal herein would extend the Alton Road Gateway development regulations north to 8th Street, to accommodate a new mixed-use structure to the north and east of the existing park. The following is a summary of the proposed LDR Ordinance (attached), recommended by the Administration, which includes modifications to the Alton Road Gateway development regulations:

1. Chapter 118 has been modified, to update and clarify the requirements for distributing allowable FAR within a unified development site containing different zoning districts.

2. The boundaries of the Alton Gateway areas expand to the south side of 8th Street.

3. The maximum FAR for sites located within the Alton Road Gateway area is proposed to be increased from the current 2.0 to 2.6. The proposed increase in maximum FAR is subject to voter approval in a city-wide referendum. A companion amendment to the 2040 Comprehensive Plan is also being proposed, which includes the proposed increase in intensity (FAR) within the affected future land use elements.

4. The maximum building height for structures located north of the former 6th Street right-of-way is proposed to be increased, to accommodate the proposed increase in FAR. In this regard, the maximum height recommended by the Administration is 150 feet for structures located north of the northern boundary of the park and south of 8th Street. The maximum height for the remainder of any new structures north of the former 6th Street right-of-way is recommended to remain at 40 feet (This provision has not yet been finalized).

As part of the larger proposal, the developer has indicated a willingness to limit the additional residential density associated with the proposed project to 120 units. It is anticipated that this would be memorialized as part of a revised development agreement.

The Administration is recommending that consideration be given to increasing the minimum park area from the current 3.0 acres and will continue to work with the development team to evaluate options to improve the existing park.  The Administration believes that the proposed increase in maximum building height and FAR should be considered holistically, and as part of additional enhancements to the park area. The recommendations regarding an increase in the size of the park, as well as creating a defined boundary for new buildings that can go up to 150 feet in height, would foster a successful transition of additional building height and massing.

The developer has expressed a desire for a maximum building height of up to 180 feet, north of the park boundary. The Administration recommends additional study of this proposal as such an increase in height should correspond to an increase in park size, as well as the activation on the north side of the park via an appropriate and functional connection to the first level of the proposed new building.

Collectively, the proposed Ordinance amendments, including the anticipated FAR increase, if approved by the voters, would create a much more appropriate northern boundary for the park, as well as provide significant activation along the north and northeast sides of the park. In addition to facilitating the construction of a much needed, and significantly improved Community Health Center facility, at a more appropriate and safer location on the east side of Alton Road, the proposal would create a far superior urban edge for the entire 600-700 block of the west side of Alton Road.

CITY CHARTER ANALYSIS
The proposal to increase the FAR is affected by Section 1.03(c) of the City Charter, which partially states the following:

The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.

As the proposed Ordinance requires an affirmative vote of the electorate, vote, only approval at First Reading may take place, prior to a citywide election. If the proposed FAR increase is approved by a majority of City of Miami Beach voters, Second Reading / Adoption of the Ordinance would be scheduled for the next available City Commission meeting after the election.

PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing on May 24, 2022 and transmit the Ordinance to the City Commission with a recommendation. The Administration will update the City Commission on the Planning Board recommendation at the Commission meeting.

SUPPORTING SURVEY DATA

Enhance Quality of New Development and Open Space

FINANCIAL INFORMATION

No Fiscal Impact Expected

CONCLUSION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for September 14, 2022.

Applicable Area

South Beach
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 
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
Description
Ad
Revised Ordinance