HISTORY
On July 25, 2018, at the request of Mayor Dan Gelber, the City Commission referred the item to the Land Use and Development Committee (Item C7AQ). The Land Use Committee discussed the amendment on September 28, 2018 and recommended that the City Commission refer the item to the Planning Board.
On September 12, 2018, at the request of Mayor Gelber as the sponsor, the City Commission discussed and deferred the Planning Board referral (Item C4F) to October 17, 2018. The City Commission referred the item to the Planning Board on October 17, 2018.
BACKGROUND
The properties along the 500-700 block of Alton Road and West Avenue are currently located within three separate zoning districts (CPS-2, CD-2 and RM-2). The 500 block is separated from the 600-700 block by a dedicated public right-of-way (6th Street). Currently there is an active, approved mixed use development project for the 500-700 blocks, which is broken down as follows:
Lot Sizes:
500 Block: 85,348 SF
600 Block: 138,842 SF
700 Block: 49,000 SF
Approved Height:
500 Block: 75 Feet (DRB 22959)
600 Block: 120 Feet (Existing South Shore Hospital) and 60 Feet
(DRB 22959)
700 Block: 60 Feet (DRB 23126)
Approved FAR:
500 Block: 170,696 SF / 2.0 (DRB 22959)
600 Block: 277,684 SF/ 2.0 (DRB 22959)
700 Block: 98,000 SF/ 2.0 (DRB 23126)
Approved FAR for Overall Project: 546,380 SF / 2.0
Approved Residential Units:
500 Block : 163 Units (DRB 22959)
600 Block: 281 Units (DRB 22959)
700 Block: 66 Units (DRB 23126)
Approved Residential Units for Overall Project: 510
Recently, a group of area residents, condominium unit owners and affected stakeholders (Gateway Community Alliance) began a dialogue with the property owner for the 500-700 Blocks (Crescent Heights). At the May 23, 2018 Land Use Committee meeting, separate proposals pertaining to the 500-700 blocks of Alton Road, one from the Gateway Alliance and the other from the property owner, Crescent Heights, were discussed. The LUDC discussed the proposals again on July 31, 2018 and concluded the item with no action.
On July 25, 2018 the City Commission referred separate discussion items to both the Finance and City Wide Projects Committee (FCWPC) and the Land Use Committee pertaining to the proposed development project at 500 – 700 Alton Road.
On July 27, 2018 the FCWPC discussed the development proposal prepared by the property owner and developer, Crescent Heights. The Committee directed the City Attorney to begin drafting a Development Agreement and Vacation of 6th Street, in order to facilitate the creation of a Unified Development Site within the 500-700 blocks between Alton Road and West Avenue.
In order to effectuate a Unified Development Site, as proposed, a rezoning and change in future land use classification of certain parcels within the proposed unified site, as well as corresponding amendments to the Land Development Regulations, are required (See attached zoning and site map).
PLANNING ANALYSIS
The proposed unified development site encompasses the 500 Block and most of the parcels on the 600-700 blocks between Alton Road and West Avenue. The 500 Block has a Zoning Classification of CPS-2 and the 600-700 block has Zoning Classifications of CD-2 and RM-2 (See attached map). The proposal is to change the CPS-2 and RM-2 designations to CD-2, which would be consistent with the predominant zoning designation along Alton Road.
The proposed amendments to the Land Development Regulations (LDR’s) would amend Chapter 142, Article II, Division 5, pertaining to the CD-2 development regulations, by establishing ‘Alton Road Gateway Area Development Regulations.’ Additionally, Chapter 130, pertaining to off-street parking, would be amended to extend the boundaries of parking district No. 6 westward, to include the east side of West Avenue from 5th to 8th Streets. The following is a summary of the proposed modifications to the Land Development Regulations:
Prohibited Uses.
In addition to the current prohibited uses identified in the CD-2 district, a number of additional prohibited uses have been added. This is to address those uses prohibited in the CPS-2 and RM-2 districts.
Minimum Setbacks.
The setbacks established in section 142-307 would be modified as follows:
a. Minimum setback from Alton Road: 10 feet for residential and non-residential buildings.
b. Minimum setback from West Avenue: 35 feet.
c. Minimum setback from 5th Street/Mac Arthur Causeway: 20 feet.
Clear Pedestrian Path.
A minimum 10 foot wide “clear pedestrian path,” free from obstructions, including but not limited to outdoor cafes, sidewalk cafes, landscaping, signage, utilities, and lighting, shall be maintained along all frontages as follows:
a. The “Clear Pedestrian Path” may only utilize public sidewalk and setback areas.
b. Pedestrians shall have 24-hour access to “Clear Pedestrian Paths.”
c. Clear Pedestrian Paths shall be well lit and consistent with the City’s lighting policies.
d. Clear Pedestrian Paths shall be designed as an extension of the adjacent public sidewalk.
e. Clear Pedestrian Paths shall be delineated by in-ground markers that are flush with the Path, differing pavement tones, pavement type, or other method to be approved by the Planning Director or designee.
f. An easement to the city providing for perpetual public access shall be provided for portions of Clear Pedestrian Paths that fall within the setback area.
Maximum Building Height.
Currently the maximum height is 60 feet for CD-2 and RM-2 areas, and 75 feet for CPS-2 areas. The draft ordinance referred by the City Commission contains a maximum building height of 484 feet/44 stories for residential buildings south of 6th Street and 25 feet for structures north of 6th Street, as recommend by the Land Use and Development Committee.
Maximum Floor Plate.
Currently there is no maximum floor plate limit within the CD-2, RM-2 or CPS-2 areas. The draft ordinance limits the floor plate size for the tower portion of a residential building to 17,500 square feet, including balconies. Alternatively, a limitation could also be placed on the FAR portion of the floorplate, which would result in a maximum FAR of 13,800 square feet per floor.
Parking Level Activation.
Main use residential buildings containing parking, located south of 6th Street, would not be required to provide residential or commercial uses at the first level along every façade facing a street or sidewalk. However, the first level shall be architecturally treated to conceal parking, loading, and all internal elements, such as plumbing pipes, fans, ducts, and lighting from public view.
Minimum Green Space.
A minimum of 3.0 acres of open green space shall be located to the north of the residential tower, and shall be adjacent to commercial uses. Green space shall mean open areas that are free from pavilions, buildings, structures, parking, driveways or underground structures. Such areas shall consist primarily of landscaped open areas, pedestrian and bicycle pathways, plazas, playgrounds, and other recreational amenities.
PLANNING ANALYSIS
The proposed ordinance amendments have been drafted as part of an overall development proposal, which includes a separate Development Agreement and the proposed vacation of 6th Street between Alton Road and West Avenue. While the Development Agreement and Roadway Vacation are separate parts of the overall development apparatus, all 3 are anticipated to be considered together by the City Commission. The proposed re-zoning and FLUM ordinances are fairly straightforward. However, the proposed LDR amendments do include significant modifications to the maximum allowable building heights, as well as, potentially, modifications to allowable uses.
Allowable Uses
As it pertains to uses, the following is a summary of uses currently prohibited within existing RM-2 and CPS-2 districts, but would be permitted within a CD-2 district:
CPS-2:
Under the CPS-2 zoning (currently the underlying zoning district for the 500 block), entertainment establishments, outdoor entertainment establishments, and open air entertainment establishments are prohibited
RM-2:
Under the RM-2 zoning (currently the underlying zoning district for the northwest portion of the 600-700 block), hotels, commercial uses, entertainment establishments, outdoor entertainment establishments, and open air entertainment establishments are prohibited.
CD-2:
Under the CD-2 regulations, pursuant to Sec. 142-310 of the LDR’, there are a number of regulations pertaining to alcoholic beverage establishments, including limits on hours, outdoor bars and entertainment.
The entertainment and commercial uses currently permitted in the CD-2 district, to the knowledge of staff, have not been contemplated as part of the overall development proposal. As such staff believes that it would be appropriate to place limits on these uses as part of any legislation moving forward, particularly given the proximity of the site to established residential districts.
Maximum Building Height
The current maximum building height within the boundaries of the 500-700 blocks varies from 60 feet to 75 feet. The proposal herein, which has been revised since First Reading, would potentially allow for 519 feet in building height. As proposed in the Development Agreement, the increased building height would be limited to the 500 block, and primarily within the northeast quadrant of the block. It should be noted that under the City Code, height is measured from base flood elevation plus allowable freeboard (BFE plus 5’).
From a contextual standpoint, there are two (2) ways to analyze the increase in overall building height proposed within the 500 block:
Context 1 – Properties Located Between Alton Road and West Avenue
This contextual approach would use the established heights of existing buildings and allowable maximum heights for new construction, for land locked properties between Alton and West Avenue, from 5th to 17th Street. In this regard the established context is consistent with what is permitted under the current code (60'-75'). This lower height also provides a more gentle transition to the low scale RM-1 properties (Flamingo Park) to the immediate east and north east.
Context 2: Bayfront Properties.
As shown on the map below, the context of Bayfront properties consists of much taller, hi-rise residential towers. Since the 500 block is surrounded by a flyover, and the proposed additional height would be limited to that site, it is reasonable to apply context 2 for height purposes. The heights of the towers along West Ave (north of 5th Street) and Alton Road (South of 5th Street) vary widely. In this regard, a tower height that is consistent with the height of Murano to the south would be contextually compatible, in this particular instance, given the unique location of the 500 block, and its proximity to Murano. However, it is hard to conclude that a building in excess of 500 feet in overall height is contextually compatible with the larger area, as it would be almost twice the height of its other closest neighbor, the Bentley Bay.
PLANNING BOARD REVIEW
On October 23, 2018, the Planning Board held a public hearing regarding the proposed LDR Amendments and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0). The Planning Board also recommended the following modifications, which are part of the Planning Board version of the attached Ordinance:
1. Removal of hotels, apartment hotels and suite hotels from the list of prohibited uses. The Planning Board also recommended that hotel and short term rental units be limited to no more than 60 units or 20% of all units, whichever is less.
2. Allow for zero (0) setback for elevated open walkways. The Board also reduced the required minimum setback along West Avenue from 35 feet to 20 feet.
3. The Planning Board recommended a maximum allowable height of 519 feet for residential buildings, and that the reference to a maximum number of stories be deleted. Also, a modification to allow the overall height to be measured from base flood elevation plus freeboard, provided that the height of the first floor has a future minimum interior height of at least 12 feet as measured from the height of the future elevated adjacent right-of-way.
4. Parking lots consisting of no more than 80 parking spaces that serve residential development under the terms of a covenant in lieu of unity of title or similar instrument shall be exempt from the landscape requirements of Section 126-11(a) and (b).
5. Commercial loading spaces may be located on private streets.
6. The minimum green space requirement was adjusted from 3.2 acres to 3.0 acres. Additionally, sun shade structures, open on all sides, would be permitted within the green space area.
SUMMARY
In light of the number of changes to the proposed legislation recommended by the Planning Board, the Administration previously included two separate versions of the Ordinance:
1. The Planning Board version of the Ordinance, as summarized above.
2. Land Use and Development Committee Version, which was referred to the Planning Board by the City Commission, and includes the following minor modifications:
a. Allow for zero (0) setback for elevated open walkways.
b. Deletion of the reference to a maximum number of stories.
c. A modification to allow the overall height to be measured from base flood elevation plus freeboard, provided that the height of the first floor has a future minimum interior height of at least 12 feet as measured from the height of the future elevated adjacent right-of-way.
d. The minimum green space requirement was adjusted from 3.2 acres to 3.0 acres, and an allowance for sun shade structures, open on all sides, within the green space area, was included.
At First Reading on November 14, 2018, the Administration recommended the LUDC version of the Ordinance. In this regard, and as more specifically discussed above, under the Planning Analysis, the Administration previously recommended a maximum height of 484 feet, as it works better for the proposed unified site. The Administration is also recommending that the references to number of stories be removed, as it will be addressed in the Development Agreement.
The Administration also expressed concerns with the Planning Board recommendation to allow for the introduction of hotels uses, as these types of transient uses could intensify the program of the proposed tower, which is within a much more confined area. Finally, the Administration would not recommend in favor of the proposal to exempt the surface parking area for the Floridian Condominium from the minimum landscape requirements of the City Code. In this regard, while the adjacent park area will provide a large amount of greenspace, surface parking areas should comply with minimum landscape standards in the City Code. If there are extraordinary circumstances or practical difficulties with adhering to the minimum code requirements, a variance from the Code, which would be scrutinized by the Design Review Board (DRB), can be sought.
In conclusion, the City Commission should discuss the subject ordinance in the context of the recent ULI and Harvard report findings, and at this turning point of our storm water approach through the broader resilience lens. The Administration believes that if properly executed, the proposal for a unified site within the 500-700 blocks could be a way of integrating creative place making into the City’s resilience program, with co-benefits for multiple stakeholders.
CITY COMMISSION FIRST READING UPDATE
On November 14, 2018, the City Commission approved the LUDC version of the Ordinance at First Reading. The only modification made to the LUDC version was an increase in the maximum allowable height of the residential tower from 484 feet to 519 feet. This modification has been incorporated into a revised Ordinance for Second Reading.