Item Coversheet

Ordinances - R5  F




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:February  1, 2023
 

10:25 a.m. Second Reading Public Hearing

SUBJECT:

ALTON ROAD GATEWAY REGULATIONS - COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN POLICY RLU 1.1.6, ENTITLED "MEDIUM DENSITY MULTlFAMILY RESIDENTIAL (RM-2)," AND POLICY RLU 1.1.9, ENTITLED "MEDIUM INTENSITY COMMERCIAL (CD-2)," TO MODIFY THE FLOOR AREA RATIO (FAR) LIMITS FOR PROPERTIES WITHIN THE "ALTON ROAD GATEWAY AREA"; AND DESIGNATING THE "ALTON ROAD GATEWAY AREA" ON THE FUTURE LAND USE MAP FOR THE PARCELS LOCATED BETWEEN ALTON ROAD ON THE EAST, FIFTH STREET ON THE SOUTH, WEST AVENUE ON THE WEST, AND 8TH STREET ON THE NORTH; PURSUANT TO THE PROCEDURES IN SECTION 163.3184, FLORIDA STATUTES; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission open and continue the subject Ordinance to a date certain of February 22, 2023.

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 attached Ordinance amends the following policies in the 2040 Comprehensive Plan:

1. Comprehensive Plan Policy RLU 1.1.6 (Medium Density Multi Family Residential RM-2) to increase the maximum intensity to 2.6 in the Alton Road Gateway Area.

2. Comprehensive Plan Policy RLU 1.1.9 (Medium Intensity Commercial CD-2) to increase the maximum intensity to 2.6 in the Alton Road Gateway Area.

The comprehensive plan amendment is a companion to the proposed LDR Ordinance, which includes an increase in the maximum FAR for sites located within the Alton Road Gateway area from the current 2.0 to 2.6. The proposed increase in maximum FAR is subject to voter approval in a city-wide referendum.

COMPREHENSIVE PLANNING REVIEW PROCESS
This referral includes a text amendment to the Comprehensive Plan. Under Section 163.3184(2), Florida Statutes, this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31-days after it is adopted if there are no appeals.

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. The Comprehensive Plan Amendment was transmitted to all applicable review agencies; to date there have been no objections or substantive comments from the review agencies.

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. First Reading for the proposed amendments to the Alton Gateway DA is anticipated to be  scheduled for December 14, 2022.

 

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. In order for Second Reading / Adoption of the subject Ordinance to coincide with the adoption of the amendments to the Alton Gateway DA, it is recommended that the item be opened and continued to a date certain of February 22, 2023.


SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

No fiscal impact expected. 

CONCLUSION

The Administration recommends that the City Commission open and continue the subject Ordinance to a date certain of February 22, 2023.

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 

Strategic Connection

Prosperity - Revitalize targeted areas and increase investment.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
Description
Ordinance