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 II, "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.

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), 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. 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 would be 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 would remain at 40 feet.

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.

Collectively, the proposed Ordinance amendments will 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 could take place, prior to a citywide election.

PLANNING BOARD REVIEW
The Planning Board held a public hearing on May 24, 2022 and transmitted the Ordinance to the City Commission with a favorable recommendation (4-2).

UPDATE
On May 25, 2022, the City Commission approved the subject Ordinance at First Reading and scheduled Second Reading / Adoption for September 14, 2022, subject to voter approval of the proposed FAR increase. Additionally, the City Commission adopted Resolution No. 2022-32173 to place a ballot question pertaining to the proposed FAR increase on the City’s August 23, 2022 ballot.

Pursuant to Resolution No. 2022-32173, the following ballot question was submitted to the City’s voters:

Alton Road Gateway Area - Increase Maximum Floor Area Ratio (FAR) from 2.0 to 2.6

City Charter requires voter approval before increasing a property's floor area ratio ("FAR") (City's method of regulating building size). The Alton Road Gateway Area, located between 5th and 8th Streets, from Alton Road to West Avenue, has maximum FAR of 2.0.

Shall City increase maximum FAR in above area from 2.0 to 2.6, only if existing community health center at 710 Alton Road is relocated to another site, with new health facilities and public library?

On August 23, 2022, the ballot question was approved by 62 percent of the City’s voters. Therefore, the subject Ordinance is eligible for adoption by the City Commission.

The subject Ordinance is also a companion to proposed amendments to the Development Agreement (DA) for the Alton Gateway site. As of now, First Reading for the proposed amendments to the Alton Gateway DA is scheduled for September 13, 2023.

On September 14, 2022, Second Reading / Adoption of the subject Ordinance was opened and continued to a date certain of October 26, 2022. On October 26, 2022, Second Reading / Adoption of the subject Ordinance was opened and continued to a date certain of December 14, 2022. On December 14, 2022, Second Reading / Adoption of the subject Ordinance was opened and continued to a date certain of February 1, 2023. On February 1, 2023, Second Reading / Adoption of the subject Ordinance was opened and continued to a date certain of February 22, 2023.   

On February 22, 2023, Second Reading / Adoption of the subject Ordinance was opened and continued to a date certain of April 28, 2023. On April 28, 2023, Second Reading / Adoption of the subject Ordinance was opened and continued to a date certain of July 26, 2023. On July 26, 2023, Second Reading / Adoption of the subject Ordinance was opened and continued to a date certain of September 13, 2023. On September 13, 2023, Second Reading / Adoption of the subject Ordinance was opened and continued to a date certain of October 18, 2023. On October 18, 2023, the item was continued to the January 31, 2024 City Commission meeting.

On January 22, 2024, Commissioner Kristen Rosen Gonzalez became the new sponsor for the item. In order for Second Reading / Adoption of the subject Ordinance to coincide with the future anticipated date of adoption of the amendments to the Alton Gateway DA, it is recommended that the item be opened and continued to March 13, 2024.