Item Coversheet

Ordinances - R5  O




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:June  28, 2023
 

First Reading

SUBJECT:

ALTON ROAD OFFICE HEIGHT OVERLAY – TRANSIENT USE AND OVERLAY EXCEPTIONS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, "DISTRICT REGULATIONS," AT DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-313 "ALTON ROAD OFFICE DEVELOPMENT OVERLAY," TO INCLUDE CERTAIN EXCEPTIONS FOR DEVELOPMENTS LOCATED BETWEEN LINCOLN ROAD AND 17TH STREET; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, 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 July 26, 2023.

BACKGROUND/HISTORY

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 an ordinance to the Planning Board. On April 28, 2023, the City Commission referred the proposed ordinance to the Planning Board (Item C4 B).

On July 28, 2021, the City Commission adopted Ordinance No. 2021-4436, which created the Alton Road office development overlay. This 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 allowed 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.

ANALYSIS

The attached draft ordinance amends Section 142-313 of the Land Development Regulations of the City Code (LDRs), pertaining to the Alton Road office development overlay. The proposed amendment establishes an exemption for existing buildings that are part of a development site that is located between Lincoln Road and 17th Street. This amendment would permit a proposed new office development that seeks to utilize a maximum building height of 75 feet as part of the office overlay to form a unified site with existing, developed properties, and for the existing buildings to be exempt from the overlay regulations.

By including existing buildings that already contain a hotel or residential component within a larger unified site, new construction can utilize more office space as the allowable residential or hotel bonus FAR of .5 is part of the existing buildings. As such, the proposed legislation allows for additional office space within a proposed new project site, while not exceeding the overall maximum FAR of the CD-2 zoning district.

As currently drafted, the proposal only allows existing buildings (constructed prior to January 1, 2023), to be exempt from the office overlay regulations, which are summarized above. Any new construction within the office overlay will still be subject to all applicable overlay regulations, including the prohibition on transient uses.

The increase in height from 60 feet to 75 feet for office uses in the overlay was for the purpose of allowing greater floor to ceiling space within the interior of the office levels of a new building. Under a height limit of 60 feet, it is challenging for office levels to have more than 11 feet to 12 feet of interior height, since portions of the overall allowable height are used up by ground level commercial and parking levels. In addition to incentivizing more Class A office space, the requirements of the Alton Road office overlay, including the prohibition on transient uses, are intended to promote and foster long term residential housing, as part of new office uses. The height allowance of up to 75 feet was also an incentive for more long term, and potentially attainable housing.

Although the proposal herein creates an exception for provisions related to transient uses, as well as other benchmarks including first floor activation, height exceptions and roof-top uses, the exception is narrowly limited to existing buildings, which did not utilize the overlay standards in the first place. Additionally, the proposal is restricted to the one block area north of Lincoln Road, and would result in more office space, which is also a long-term goal of the city, particularly along the Alton Road corridor.

PLANNING BOARD REVIEW
On May 23, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-1).

SUPPORTING SURVEY DATA

N/A

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 July 26, 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 
Legislative Tracking
Planning
Sponsor
Commissioner Laura Dominguez

ATTACHMENTS:
Description
Ordinance