HISTORY
On July 25, 2018, at the request of Mayor Dan Gelber, the City Commission referred the items to the Land Use and Development Committee (Item C7AQ). On September 12, 2018, a request to refer the items to the Planning Board was deferred to the October 17, 2018 City Commission meeting (Item C4F).
On September 28, 2018 the Land Use Committee discussed the subject Ordinances and recommended that the City Commission refer the items to the Planning Board.
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.
DRAFT ORDINANCE SUMMARY
The following is a summary of the three zoning amendments, attached:
Re-Zoning and FLUM Amendments:
Currently, the property encompases 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 and Future Land Use Classification of CPS-2 and a portion of the 600-700 block has a Zoning and Future Land Use Classification of RM-2 (See attached map).
The proposal is to change the designation of all properties to CD-2, which would be consistent with the predominant zoning designation along Alton Road. The properties immediately to the north have an RM-2 and CD-2 designation, the properties to the east have a CD-2 and CPS-2 designation, the properties to the west have an RM-3 and CPS-4 designation and the properties to the South have a CPS-4 designation. Therefore the CD-2 district would provide for an appropriate transition between the higher intensity uses to the west and same intensity areas to the east.
The proposed FLUM amendment does not increase the maximum residential density of the site. However, final site plan approval is contingent upon meeting Public School Concurrency requirements and the applicant will be required to obtain a valid School Concurrency Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools. Such Certificate will state the number of seats reserved at each school level. In the event sufficient seats are not available, a proportionate share mitigation plan shall be incorporated into a tri-party development agreement and duly executed prior to the issuance of a Building Permit.
The request for modifications to the Comprehensive Plan Future Land Use Map and Zoning Atlas are also consistent with City Charter Section 1.03 (c), related to FAR. In this regard, the RM-2, CPS-2 and CD-2 zoning designation have a maximum F.A.R. of 2.00 for residential projects. As the proposed zoning change to CD-2 does not increase the established F.A.R. for the subject parcels, the requested amendment complies with the requirements of the referenced Charter provision.
LDR Amendments:
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 prepared for the LUDC discussion on September 28, 2018 contained a maximum building height of 440 feet for residential buildings south of 6th Street and 25 feet for structures north of 6th Street.
The Land Use Committee recommended a maximum height of 44 stories / 484 feet.
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 floor plate, 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 3.2 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 AND ENVIRONMENTAL 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 herein 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 the Administration believes that it would make sense 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 would, potentially, allow for up to 484 feet in building height, as recommended by the Land Use Committee. 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 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 attached map, the context of Bayfront properties consists of much taller, hi-ride 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.
As indicated in previous memos to the Land Use Committee, the 500-700 blocks between Alton Road and West Avenue present some significant challenges as it pertains to property access and water retention. In one of the lowest areas of the City, these sites present both a challenge and an opportunity from a land use and sustainability standpoint.
From a climate resiliency strategy standpoint, the ability to acquire low lying areas in the City, for adaptation purposes, will be critical in the long term. One of the biggest constraints the City faces in this regard is land value and the high cost of acquiring underutilized and blighted property that is vulnerable. Another constraint is the limit on planning tools to acquire vulnerable sites, such as transfer of development rights, density and height. As such, the City must evaluate opportunities for acquiring and establishing adaptation areas on a case-by-case basis.
As it pertains to the 500-700 block proposals, a development opportunity has presented itself that could, potentially, align with the adaptation area goals of the City’s long term climate strategy. While the most ideal scenario would be for the City to purchase all of the land area in the 500-700 blocks outright, and construct a passive, eco-park, the cost of such an endeavor, including land acquisition, design, permitting and construction, would be prohibitive. As such, the next best scenario would be for an allowable development project to partner in the creation of a passive, eco-park.
In this regard, the Administration continues to believe that it will be critical for any future proposal on the 500-700 blocks to have limited parking pedestal footprints, and little to no below grade or basement parking. Specifically, for the City’s overall resilience, both the development agreement and the LDR Amendments to allow for a taller residential tower at the NE corner of the 500 block should include the following:
1. A significant portion of the western half of the 500 block should consist of dedicated, fully pervious open space.
2. No less than 3.2 acres of the 600 – 700 block shall consist of dedicated, open green space, from the ground down and ground up (no surface, structured or basement parking).
3. The parking required for the Floridian (700 block facing West Avenue) should be minimized in terms of its impact on the open space areas. In this regard, such parking could be incorporated within a limited, 2-story pedestal on the north side of the 700 block facing West Avenue.
As noted previously, there is ample room within the 500 block to accommodate all required parking for the proposed residential tower. The Administration believes that providing parking within the 600-700 blocks is not necessary for the following reasons:
1. There is a fully accessible, public parking facility immediately across the street at 5th and Alton, as well as a publicly accessible parking structure less than 2 blocks to the north at 9th and Alton.
2. The site is located within Parking District No. 6, which has no parking requirements for smaller, neighborhood uses.
3. The park and limited commercial uses should be designed to promote and accommodate non-vehicular forms of modality such as walking, cycling and transit.
4. Surface parking is completely incongruous with a sustainable, urban park. Additionally, structured parking, either above or below limited commercial buildings, create design and access limitations, particularly for non-vehicular modes of transportation.
SUMMARY
Pursuant to the direction of the Land Use Committee on September 28, 2018, the attached LDR Ordinance has been revised to reflect a maximum residential tower height of 44 stories / 484 feet. The Administration is supportive of this proposed increase in height, but would strongly recommend that the City Commission discuss all three ordinances 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, a joint approach to 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.