2010-27527 Reso Alton Rd. Historic Buffer Overlay
RESOLUTION NOG
2010 - 27527
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST
READING PUBLIC HEARING TO CONSIDER AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE III, "OVERLAY DISTRICTS," CREATING DIVISION 8
"ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY," BY
INCLUDING SECTION 142 -858 "LOCATION AND PURPOSE,"
AND SECTION 142 -859 "DEVELOPMENT REGULATIONS,"
INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON
MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING
HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;
DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS
IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS
FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS,
ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC
BEVERAGE ESTABLISHMENTS AND SIMILAR USES;
REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES
IN EXCESS OF 20,000 SQ. FT.; AND PROHIBITING ALCOHOLIC
BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN
OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE
ORDINANCE.
WHEREAS, In the summer of 2006, the Historic Preservation Board
initiated the westward expansion of the Flamingo Park Local Historic District to
the east right -of -way line of Alton Road between 6 Street and 14 Street, and
requested the Planning Department to initiate a major planning study of the Alton
Road corridor, including both sides of the road between 5 Street and Michigan
Avenue, to include an analysis and evaluation of existing uses and conditions,
historically significant properties, permitted building heights allowable FAR,
parking conditions and requirements, the efficacy of current zoning, and the
character of the public right -of -way with regard to pedestrian amenities,
convenient means of transit, and quality of landscape.
WHEREAS, on January 16, 2008, the Mayor and City Commission
approved Ordinance No. 2008 -3592, expanding the boundaries of the Flamingo
Park Historic District westward expansion to Alton Road between 8 Street and 14
Street; and
WHEREAS, the Planning Department conducted an analysis of existing
conditions, issues and opportunities in the Alton Road corridor and held a
community planning workshop on August 20, 2008 to receive community input on
land use, zoning, business development, parking, transit and pedestrian /bicycle
amenities; and
1
Alton Rd. Historic Buffer Overlay
WHEREAS, ion January 27, 2009, the Planning Department presented
preliminary findings and recommendations for the Alton Road Neighborhood
Planning Study to the Planning Board; and
WHEREAS, on January 28, 2009, the Mayor and City Commission
approved Ordinance No. 2008 -3592, expanding the boundaries of the Flamingo
Park Historic District westward expansion to Alton Road between 6 Street and 8
Street; and
WHEREAS, on February 26, 2009, the Planning Department and the
Planning Board held a second community planning workshop on the Alton Road
Neighborhood Planning Study to receive community input; and
WHEREAS, on March 2, 2009, the Land Use and Development
Committee adopted a motion directing the Planning Department to prepare an
ordinance that would rezone the east side of Alton Road between 6 Street and
16 Street from the CD -2 district to the CD -1 district, and to review the uses and to
the extent that there is a floor area incentive for mixed -use buildings, require that
the additional FAR be set aside for affordable or workforce housing, and to refer
the item to the Planning Board; and
WHEREAS, on March 18, 2009, the Mayor and City Commission
discussed the motion from the Land Use and Development Committee and
clarified their intent to consider other options, including an overlay district that
would remove the floor area ratio incentive for mixed -use projects; and
WHEREAS, on April 21, 2009, May 26, 2009 and August 25, 2009, the
Planning Board held additional detailed discussions on the proposed zoning
modifications for the east side of Alton Road in the Flamingo Park Historic
District; and
WHEREAS, the proposed "Alton Road — Historic District Buffer Overlay"
district responds to concerns expressed by the Planning Board, the Land Use
and Development Committee and local residents by requiring among other
things, a more compatible relationship of scale and massing between new
development along the east side of the Alton Road corridor and the adjoining
residential neighborhoods, by promoting mixed -use development that makes
efficient use of parking, by minimizing the concentration of impacts from intense
retail and restaurant development and by encouraging smaller neighborhood -
oriented uses; and
WHEREAS, the Planning Board recommended approval of the proposed
"Alton Road — Historic District Buffer Overlay" district, with amendments, on
August 24, 2010.
2
Alton Rd. Historic Buffer Overlay
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that a first reading
public hearing shall be held on November 17, 2010 to consider amending
Chapter 142, "Zoning Districts and Regulations," Article III, "Overlay Districts,"
creating Division 8 "Alton Road — Historic District Buffer Overlay," by including
Section 142 -858 "Location and Purpose," and Section 142 -859 "Development
Regulations,: including among other provisions regulations on maximum Floor
Area Ratio; maximum building height; minimum setbacks; building separation;
demolition or additions to contributing buildings in an historic district; and land
use regulations for location of retail uses, restaurants, bars, entertainment
establishments, alcoholic beverage establishments and similar uses; requiring
conditional use approval of such uses in excess of 20,000 sq. ft.; and prohibiting
alcoholic beverage and entertainment establishments in open areas with
exceptions as prescribed in the ordinance.
PASSED and ADOPTED this a7141 day of 046er , 20 t, .
-- 2-27a-,?...,X gd•ziza
MAYOR
ATTEST:
F -4 9 Lt.dt. 1 C.-61A_
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
r f r® to
!'City Attorney Date
F: \PLAN \$ALL\Alton Road Study \City Commission 2010 \Reso setting public hearing Zoning Overlay.doc
3
COMMISSION ITEM SUMMARY
Condensed Title:
Alton Road Historic District Overlay - setting the first reading public hearing
Key Intended Outcome Supported:
Maintain strong growth management policies
Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Survey, while nearly half,
47.6 %, suggested the effort put forth by the City to regulate development is "about the right amount,"
another 29.6% indicated "too little" effort is being put forth by the City in this area."
Issue:
The Administration is requesting that the Mayor and City Commission schedule a first reading public
hearing on November 17, 2010, to consider adopting the proposed overlay district.
Item Summary/Recommendation:
FIRST READING PUBLIC HEARINGS
Adopt the resolution with a scheduled first reading public hearing on November 17, 2010 with a time
certain at 11:00 a.m.
Advisory Board Recommendation:
On August 24, 2010, the Planning Board voted 3 -2 to recommend approval of the proposed Alton Road
Historic District Overlay as amended. This motion failed due to a lack of 4 affirmative votes.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Joyce Meyers, Principal Planner, Planning Department.
Sign - Offs:
Dep rtm nt Director A sistant City Hager City Mana
to p
1
r. A M IBEACH . AGENDA ITEM c 7H
DATE to a71a
0- MIAMI
City of Miami Beach, 1700 Convention Center Drive, Miami Beach; Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 27, 2010
SUBJECT: Alton Road Historic District Buffer Overlay — setting the First Reading
Public Hearing
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING
PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE III,
"OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD -
HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION
142 -858 "LOCATION AND PURPOSE," AND SECTION 142 -859
"DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER
PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO;
MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING
SEPARATION;_DEMOLITION OR ADDITIONS TO CONTRIBUTING
BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE
REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS,
BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC
BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING
CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF
20,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND
ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH
EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE.
ADMINISTRATION RECOMMENDATION
The Administration is requesting that the Mayor and City Commission schedule a first
reading public hearing on November 17, 2010 to consider the proposed Alton Road
Historic District Buffer Overlay. The Administration recommends that the Mayor and City
Commission adopt the resolution.
BACKGROUND
In the Summer of 2006 the Historic Preservation Board initiated the westward expansion
of the Flamingo Park Local Historic District to the east right -of -way line of Alton Road
between 6 Street and 14 th Street in order to protect the character of the adjacent
National Register Historic District as well as the historically significant but yet
unprotected properties along this stretch of Alton Road. It was noted by the board that
Commission Memorandum - October 27, 2010
Setting of Public Hearing — Alton Road Historic Buffer Overlay
Page 2 of 6
recent commercial development trends along Alton Road could significantly adversely
impact the quality of life and historic integrity of the National Register Historic District
thereby undermining the cultural tourism appeal and quality of life of the city.
At the same time the Historic Preservation Board requested the Planning Department to
initiate a major planning study of the Alton Road Corridor, including both sides of the
road between 5 Street and Michigan Avenue, which should include an analysis and
evaluation of existing uses and conditions, historically significant properties, permitted
building heights, allowable FAR, parking conditions and requirements, the efficacy of
current zoning, and the character of the public right -of -way with regard to pedestrian
amenities, convenient means of transit, and quality of landscape.
The board further requested that the Planning Department organize and advertise a
series of community planning workshops, inviting members of the Historic Preservation
Board and the Planning Board, in order to gain public input and insight from local
business owners and residents so that the Department might develop a comprehensive
set of planning and zoning recommendations for future development and preservation
along the corridor that would enable healthy future growth and development without
overwhelming or adversely impacting the historic character of the area.
On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008-
3592, expanding the boundaries of the Flamingo Park Historic District westward
expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the
Mayor and City Commission approved Ordinance No. 2008 -3592, expanding the
boundaries of the Flamingo Park Historic District westward expansion to Alton Road
between 6 Street and 8 Street
The Planning Department conducted an analysis of existing conditions, issues and
opportunities in the Alton Road corridor and held a community planning workshop on
August 20, 2008 to receive community input on land use, zoning, business development,
parking, transit and pedestrian /bicycle amenities. On January 27, 2009, the Planning
Department presented preliminary findings and recommendations for the Alton Road
Neighborhood Planning Study to the Planning Board. On February 26, 2009, the
Planning Department and the Planning Board held a second community planning
workshop on the Alton Road Neighborhood Planning Study to receive community input.
On March 2, 2009, the Land Use and Development Committee adopted a motion
directing the Planning Department to prepare an ordinance that would rezone the east
side of Alton Road between 6 Street and 16 Street from the CD -2 district to the CD -1
district, and to review the uses and to the extent that there is a floor area incentive for
mixed -use buildings, require that the additional FAR be set aside for affordable or
workforce housing, and to refer the item to the Planning Board. On March 18, 2009, the
Mayor and City Commission discussed the motion from the Land Use and Development
Committee and clarified their intent to consider other options, including an overlay district
that would remove the floor area ratio incentive for mixed -use projects.
During the Planning Board meetings on April 21, 2009, May 26, 2009 and August 25,
2009, the Planning Department staff held additional detailed discussions with the Board
on the proposed zoning modifications for the east side of Alton Road in the Flamingo
Park Historic District. The proposed Alton Road- Historic District Buffer Overlay is the
result of those discussions.
Commission Memorandum - October 27, 2010
Setting of Public Hearing — Alton Road Historic Buffer Overlay
Page 3 of 6 •
On October 27, 2009, the Planning Board held a public hearing on the proposed overlay
district and heard testimony from residents who were unhappy with some aspects of the
draft ordinance. The Planning Board continued the hearing to the November 17 meeting
and asked staff to meet with the concerned residents to try to resolve their issues. The
Planning Department held two meetings with the residents on October 30 and November
9, 2009. The public hearing at the Planning Board meeting on November 17, 2009
resulted in several additional amendments to the proposed ordinance. The Planning
Board recommended approval of the amended overlay district by a vote of 5 to 0.
Subsequently, the Administration made a determination that the amendments added to
the ordinance during the November 17 public hearing, specifically amendments dealing
with land use restrictions, may require a different type of notice to property owners than
was provided for the previous public hearings. To avoid any legal challenges, the overlay
district was brought back to the Planning Board in the same form as it was approved in
November, 2009, with 30 -day notice mailed to all property owners in and within 375 feet
of the proposed overlay district.
On February 25, 2010, the Land Use and Development Committee discussed the
proposed Alton Road Historic District Buffer Overlay. The Committee recommended that
the ordinance be approved, and indicated that it does not need to come back to them
unless there is a major material change made by the Planning Board.
On April 27, 2010, the Planning Board held a second public hearing on the proposed
Alton Road Historic District Buffer Overlay district after the required 30 -day mailed
notice. The Planning Board voted 5 — 0 to recommend approval of the ordinance with
an amendment that deleted the "no variances" provision. Subsequently, at their meeting
on May 25, 2010, the Board voted 3 - 2 to reconsider their recommendation and to
schedule the item for rehearing.
On August 24, 2010, the Planning Board held a third public hearing on the proposed
Alton Road Historic District Buffer Overlay district after the required 30 -day mailed
notice. Based on objections from commercial property owners who were not present
during the first two hearings, the Board voted separately on each of several
amendments to the ordinance. Individual amendments that were approved by the
Planning Board have been incorporated into the ordinance. However, a final vote to
recommend approval of the entire ordinance, as amended, failed by a vote of 3 -2 (four
affirmative votes are required to approve a request before the board that requires City
Commission approval).
ANALYSIS
The purpose of the Alton Road — Historic District Buffer Overlay District is to minimize
the impacts of development along Alton Road on residential properties located in the
Flamingo Park Historic District and the Palm View Historic District. Specifically the
overlay district is intended to apply to properties zoned CD -2 Commercial Medium
Intensity that are adjacent to lower intensity RS -4 and RM -1 residential buildings in
designated local historic districts. The overlay district regulations are intended to achieve
a more compatible relationship of scale and massing between the Alton Road corridor
and the adjoining residential neighborhoods.
Commission Memorandum - October 27, 2010
Setting of Public Hearing — Alton Road Historic Buffer Overlay
Page 4 of 6
The locations of the proposed overlay district are as follows (see also attached map):
Area 1 includes those properties fronting on the east side of Alton Road from 6 Street to
11 Street. Existing zoning is CD -2 adjacent to RM -1 in the Flamingo Park Historic
District.
Area 2 includes those properties fronting on the east side of Alton Road from 14 Street to
15 Street. Existing zoning is CD -2 adjacent to RS -4 in the Flamingo Park Historic
District.
Area 3 includes those properties fronting on the east side of Alton Road from 17 Street to
the Collins Canal, except for the corner property adjacent to 17 Street. Existing
zoning is CD -2 adjacent to RS -4 in the Palm View Historic District.
The proposed ordinance limits the floor area ratio (FAR) to a maximum of 1.5 by
removing the existing bonus of .5 FAR for mixed -use buildings. This will make new
construction along Alton Road more compatible in scale and intensity with the adjoining
historic neighborhood zoned RM -1, which has existing buildings that range from 0.5 to
1.25 FAR with a few scattered sites over 1.25 FAR. During the planning process,
various alternatives were considered, including down - zoning from CD -2 to CD -1, which
has a maximum FAR of 1.0 with a mixed -use bonus of .5 FAR. After much discussion
and analysis, it was ultimately decided that 1.5 FAR is suitable for Alton Road
development. This is based on many factors, including the importance of Alton Road as
a commercial corridor and the existing bus and potential future transit linkages (e.g. Bus
Rapid Transit). From an urban design viewpoint, the proposed overlay district forms a
gradual stepping up of the intensity from RM -1 on the residential neighborhood to the
east, to a maximum of 1.5 FAR on the east side of Alton Road, to a maximum of 2.0
FAR on the west side of Alton Road, to a maximum of 2.25 FAR (2.75 for large lots) on
the Bayfront in RM -3. However, it must be noted that FAR alone does not define the
building envelop that is necessary to assure compatibility with the historic district. The
height and setback regulations described below are also necessary to achieve this goal.
Another alternative that was discussed during the planning process was to keep a FAR
bonus for residential uses in a mixed -use building, but to make the bonus an incentive to
provide affordable or workforce housing. The Planning Board did not support this
recommendation due to their consensus to limit FAR to a maximum of 1.5.
The maximum building height in the draft ordinance is 43 feet along Alton Road and a
maximum of 23 feet in the rear portion of the lots within 50 feet from the rear property
line for lots abutting an alley (Lenox Court) and within 60 feet from the RM -1 district for
blocks with no alley between 8 Street and 11 Street. The 23 feet height limit in the rear
of the lots is based upon maintaining consistency with the predominant 2 -story height of
existing buildings in the RM -1 district. For lots adjoining single family districts, the 23
feet height limit will also ensure a compatible transition in the rear portion of the
commercial property.
The building height limitations in the proposed overlay district are coupled with rear yard
setbacks to achieve the appropriate buffer between the RM-1/RS-4 districts and the CD-
2 district. Proposed minimum building setbacks in the rear yard are 25 feet for lots with
no alley and 5 feet for lots with an alley. The existing CD -2 and CD -1 zoning districts
have a 5 feet minimum rear setback irrespective of whether there is an alley (20 feet
width) to provide adequate separation between the buildings.
Commission Memorandum - October 27, 2010
Setting of Public Hearing — Alton Road Historic Buffer Overlay
Page 5 of 6
The proposed overlay district has no minimum side yard setback. This was the
recommendation of the Planning Board in November 2009 following extensive
discussions wherein the Planning Department staff recommended a minimum interior
side yard setback of 7.5 feet or 8% of the lot width, whichever is greater, for buildings
over one story or 20 feet in height. The intent of the side setback was to maintain the
existing pattern of individual buildings separated by side yards south of 14 Street and to
prevent a continuous wall of 4 -5 story buildings that would be inconsistent with the
historic residential neighborhoods. To further support this concept, the Planning
Department recommended a building separation regulation in the overlay district that
would have allowed buildings to occupy no more than three contiguous Tots or 150 feet
of lot frontage without creating two separate buildings with a separation between
buildings of at least 8% of the overall lot width. The building separation requirement was
also deleted from the ordinance by the Planning Board, and replaced with language
requiring architectural treatments on the fagades of buildings to be reflective of the 50
feet wide lot development pattern that is predominant in the historic district
The overlay district proposes a minimum 5 feet setback on the front and side facing a
street. This is necessary to provide adequate pedestrian circulation space to support
alternative modes of transportation and sustain a vibrant commercial district.
The overlay district contains 9 contributing buildings in the Flamingo Park Historic
District. Those contributing buildings are proposed to be subject to two of the same
conditions applied to historic buildings in the adjoining RM -1 zoning district. Those
include a prohibition on demolition of architecturally significant portions of the building
and prohibition of building within a historic courtyard.
Residents of the Flamingo Park neighborhood were concerned about impacts of noise
and traffic from commercial uses. Therefore, the proposed overlay district modifies the
underlying CD -2 land uses by prohibiting retail uses, restaurants, bars, entertainment
establishments and similar uses at any level above the ground floor. An exception is
provided for loft or mezzanine within the interior of a ground floor commercial space. No
alcoholic beverage establishment, entertainment establishment or restaurant may be
licensed as a main permitted or accessory use in any open area above the ground floor
(any area that is not included in the FAR calculations) or at ground level in any open
area within 125 feet of a residential district, except that residents of a multifamily
(apartment or condominium) building or hotel guests may use these areas, which may
include a pool or other recreational amenities, for their individual, personal use with
appropriate buffering as determined by the Planning Department or applicable land use
board with jurisdiction. Any individual retail, restaurant, bar, entertainment establishment
or similar establishment in excess of 10,000 square feet, inclusive of outdoor seating
areas, should require conditional use approval. The recommended threshold for
conditional use was changed from 10,000 square feet to 20,000 square feet by the
Planning Board by a 4 -2 vote at their meeting on August 24, 2010.
A majority of
� ty the discussions during the community workshops and Planning Board
meetings centered on the blocks between 6 - 11 Streets. However, it was noted that
there is an incompatible scale relationship between the CD -2 zoning district and
adjoining RS -4 single family zoning districts located in the 1400 block and the 1700
block. Down - zoning to CD -1 was considered for these two blocks, but the Planning
Department recommends that the proposed overlay district will provide a more effective
buffer than CD -1 due to the height and setback regulations in the overlay district. At their
Commission Memorandum - October 27, 2010
Setting of Public Hearing — Alton Road Historic Buffer Overlay
Page6of6
August 24, 2010 meeting, the Planning Board voted 5 -1 to remove Tots 15 and 16 from
the overlay district (northeast corner of 17 Street and Alton Road).
PLANNING BOARD ACTION
November 17, 2009 recommended approval as amended by a vote of 5 to 0
April 27, 2010 recommended approval as amended by a vote of 5 to 0.
August 24, 2010 motion to recommend approval as amended failed by a vote of 3 to 2.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the
resolution scheduling a first reading public hearing on November 17, 2010 with a time
certain at 11:00 to consider the proposed Alton Road Historic District Buffer Overlay.
JMG /JGG /RGUJAM
T:\AGENDA\2010 \October 27\Consent\Alton Rd Overlay set public hearing.Memo.doc
Alton Rd. Historic Buffer Overlay
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