On February 22, 2023, at the request of Commissioner Laura Dominguez, the City Commission referred the subject proposal (Item C4E) to the Land Use and Sustainability Committee (LUSC). On April 19, 2023 the LUSC discussed the proposal and recommended that the City Commission refer the attached draft ordinance to the Planning Board.

BACKGROUND
On July 28, 2021, the City Commission adopted Ordinance No. 2021-4436, which created the Alton Road office development overlay. Such overlay is inclusive of CD-2 zoned parcels on the west side of Alton Road, between 8th Street and 11th Street, and between 14th Street and 17th Street.

The Alton Road office overlay established a voluntary office height incentive program and allows for an increase in maximum allowable building height from 60 feet up to 75 feet for office development above the ground and parking levels of the structure. Additionally, residential uses, but not hotel units or the short-term rental of apartment units, may be permitted up to a maximum floor area ratio (FAR) of 2.0, but only if, at a minimum, the floor area associated with an FAR of 1.5 is dedicated to office use and ground floor commercial use.

The following is a summary of the office overlay regulations, which apply to an eligible project seeking to construct a new office building at a building height of up to 75 feet:

1. The development shall consist solely of office use above the ground level of the structure; residential uses, but not hotel units, may be permitted on such properties up to a maximum FAR of 2.0, but only if, at a minimum, the floor area associated with an FAR of 1.5 is dedicated to office use and ground floor commercial use. Additionally, the property owner must voluntarily execute a restrictive covenant affirming that, for a term of 30 years, none of the residential units on the property shall be leased or rented for a period of less than six months and one day.

2. The ground level of the building must consist of active retail, restaurant, personal service or similar uses. Office uses, including, but not limited to, professional offices, banks, and financial services, are not permitted at the ground level.

3. A clear pedestrian path at least ten feet wide is required for all portions of the project abutting a public sidewalk.

4. More limited height regulation exceptions apply to any project in the overlay.

5. Commercial uses of any kind, including, but not limited to restaurants, bars and entertainment, as well as special events of any kind, are prohibited within any outdoor areas above the ground floor.

6. Any outdoor mechanical equipment located above the ground floor including, but not limited to, air conditioning equipment, cooling towers, compressors and generators must be fully screened with sound attenuating materials on all sides.