2014-3871 Ordinance Alton Road Historic District Buffer Overlay
ORDINANCE NO. 2014-3871
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE III, "OVERLAY DISTRICTS,"
CREATING DIVISION 89 "ALTON ROAD - HISTORIC DISTRICT BUFFER
OVERLAY," BY INCLUDING SECTION 142-M $63 "LOCATION AND
PURPOSE," AND SECTION 142-M $64 "DEVELOPMENT
REGULATIONS," INCLUDING AMONG OTHER 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 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC
BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN
AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
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; and
WHEREAS, on January 1, 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
WHEREAS, on 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, on February 12, 2014 the City Commission approved the subject
Ordinance at First Reading, and on April 23, 2014 approved the subject Ordinance on
Second Reading; and
WHEREAS, on April 30, 2014, City Commission passed a motion to reconsider the
the April 23, 2014 vote in order to propose additional review for certain commercial uses and
minimize impacts to the abutting residential neighborhoods; 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.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
III, "Overlay Districts," Division 89 "Alton Road — Historic District Buffer Overlay" is hereby
created as follows:
DIVISION 8 9. ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY
Sec. 142-M 863. Location and purpose.
(a) The regulations of this division shall apply to properties within the following
boundaries, which shall be known as the Alton Road - Historic District Buffer
Overlay.
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(1) Area 1 shall be those properties fronting on the east side of Alton Road from
6th Street to 11 th Street.
(2) Area 2 shall be those properties fronting on the east side of Alton Road from
14th Street to 15th Street.
(3) Area 3 shall be those properties fronting on the east side of Alton Road from
17th Street to the Collins Canal.
(b) The purpose of this 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, to promote mixed-use development that makes efficient
use of parking, to minimize the concentration of impacts from intense retail and
restaurant development and to encourage smaller neighborhood-oriented uses.
Sec. 142 $64. Development regulations.
The following overlay regulations shall apply within the Alton Road — Historic District Buffer
Overlay District. All development regulations applicable to and/or in the underlying zoning
district shall apply, except as follows:
(a) Maximum building height. The maximum building height in this district shall be 50
feet and a maximum of 5 stories, except that building height shall be limited to 28
feet within 40 feet from the rear property line for lots abutting an alley (Lenox Courts
and within 60 feet from the RM-1 district for blocks with no alley, between 8 Street
and 11 Street. There shall be no variances for building height.
fib) Minimum setbacks.
(1) Front—5 feet.
(2) Side facing a street— 5 feet.
(3) Interior side— 0 feet.
(4) Rear - for lots with a rear property line abutting an RM-1 or an RS-4 district
the rear yard setback shall be a minimum of 25 feet; for lots with a rear
property line abutting an alley (Lenox Court) the rear setback shall be a
minimum of 5 feet; otherwise the rear setback shall be a minimum of 7.5 feet.
(5) There shall be no variances for building setbacks, except for triangular lots.
(c) Building separation:
(1) The east and west facades of any building constructed on more than 50
linear feet of frontage along Alton Road shall be divided into segments with
building massing and architectural treatments intended to be reflective of the
3
50 feet wide lot development pattern that is predominant in the historic
district.
(2) Any building greater than 43 feet in height with a footprint that occupies more
than 150 linear feet of frontage along Alton Road shall have a separation
between all portions of the building above a height of 28 feet, so that there is
a minimum 15 feet wide view corridor running from east to west at least every
150 linear feet along the Alton Road corridor.
(d) The following regulations shall apply to lots containing contributing buildings in the
Flamingo Park Historic District within the Alton Road — Historic District Buffer
Overlay.
(1) Only those portions of a contributing building that were not part of the original
structure on the site, or that have not acquired any type of architectural
significance, as determined by staff or the historic preservation board, may be
issued a Certificate of Appropriateness for demolition.
(2) For contributing buildings or properties, no building or substantially enclosed
structure shall be permitted within an existing historic courtyard. For purposes
of this subsection, an historic courtyard shall be defined as a grade level
space, open to the sky, which is enclosed on at least two sides by an existing
building or structure on the same property and is an established architectural
or historic component of the site or building design by virtue of significant
features and/or finishes, including, but not limited to, paving patterns,
fountains, terraces, walkways or landscaping.
(e) Land Use: Main permitted uses, conditional uses and accessory uses shall be
permissible as set forth in the CD-2 district regulations, with the following exceptions:
(1) Restaurants, bars, entertainment establishments and similar uses shall not
be permitted at any level above the ground floor, except that a loft or
mezzanine containing these uses may be permitted within the interior of a
around floor commercial space. This subsection shall not apply to such
i
existing and proposed feta4 uses in buildings classified as `contributing'} and
existing in this the Flamingo Park Historic District d+s is as of the effective
date of this ordinance.
(2) Retail uses at any level above the ground or first floor shall not exceed 2,500
square feet per tenant. This subsection shall not apply to buildings classified
as `contributing'} and existing in this the Flamingo Park Historic District d4tFiGt
as of the effective date of this ordinance.
(3) Any individual retail, restaurant, bar, entertainment establishment or similar
establishment in excess of 10,000 square feet, inclusive of outdoor seating
areas, shall require conditional use approval. This subsection shall not apply
to properties containing buildings classified as `contributing'} and existing in
this d8stparA the Flamingo-Park Historic District as of the effective date of this
ordinance;; provided such property has not been combined or aggregated
with adjacent properties. Notwithstanding the foregoing, the regulations in
Chapter 142, Article V, Division 6, Entertainment Establishments, shall
continue to apply to uses in this overlay district.
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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. This subsection shall not apply to
properties containing buildings classified as 'contributing' and existing in tl#s
distFiGt the Flamingo Park Historic District as of the effective date of this
ordinance, provided such property.has not been combined or aggregated with
adjacent properties-, and conditional use approval is obtained to operate
.
between the hours of 8:00 p.m and 8:00 a.m.^
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. APPLICABILITY.
Development applications submitted to and considered by a Land Use Board prior to
April 23, 2014 may proceed under the existing Land Development Regulations.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of mam , 2014
MAYOR
ATTEST: - - =.
INCORP� O ATED
CITY CLE K 7 . �� <r� APPROVED AS TO
;�0 � FORM AND LANGUAGE
Cf ' 26 & FOR EXECUTION
,L 5 (3 ka`
City Attorney Date
5
First Reading: February 12, 2014
Second Reading: May 21, 2014
Verified by: w - /V
Thomag R. Mooney, AICP
Planning Director
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T:\AGENDA\2014\May\Alton Road Buffer Overlay-ORD reconsidered 2nd Read rev.docx
6
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment creating an Historic District Overlay Buffer for
the east side of the Alton Road corridor between 6th and 11th Streets, 14th and 15th Streets and 17th
Street to the Collins Canal.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is "about the right amount."
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The proposed Ordinance would create an historic district overlay buffer for those portions of the Alton
Road corridor between 6th and 11th Streets, 14th and 15th Streets and 17th Street to the Collins Canal.
The City Commission approved the Ordinance at First Reading on February 12, 2014 and scheduled
a Second Reading Public Hearing for March 5, 2014. In accordance with Section 118-164 of the City
Code, Second Reading of the Ordinance must occur after 5:00 pm, unless waived by the Commission.
Since City Hall closed at 4:00 pm on March 5, 2014, due to a training exercise, the City Commission
opened and continued Second Reading of the Ordinance to a date certain of April 23, 2014 where it
was adopted. On April 30, 2014, the City Commission passed a motion to reconsider the April 23,
2014 vote in order to propose additional review criteria for certain commercial uses, as well as to
correct several scrivener's errors in the numbering of the new Division and a minor clarification of
uses.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On August 24, 2010, the Planning Board transmitted the subject Ordinance to the City Commission
by a vote of 3-2.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget. See Commission Memo for additional details and analysis.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
DepartnAent Director Assists t City Manager City Manager
T:\AGENDA\2014\May\Alton Road Buffer Overlay-SUM 2nd Read.docx
AGENDA ITEM
-- AAIAMI BEACH -2
� DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of he City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: May 21, 2014
REHEA ING OF THE SECOND PUBLIC HEARING
SUBJECT: Alton Road Historic District Buffer Overlay
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142,
:'ZONING DISTRICTS AND REGULATIONS," ARTICLE III,
"OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD -
HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING
SECTION 1424 863 "LOCATION AND PURPOSE," AND SECTION
14249 864 "DEVELOPMENT REGULATIONS," INCLUDING
AMONG , OTHER 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 109000 SQ. FT.; AND PROHIBITING ALCOHOLIC
BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN
AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
i
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
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 6th Street and 14th 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
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
Commission Memorandum
Ordinance:Alton Road Historic Buffer Overlay
May 21, 2014 Page 2 of 8
road between 5t" 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.
Both community planning workshops were advertised by mailed notice to property
owners, newspaper notice, and City email newsletters.
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.
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
Commission Memorandum
Ordinance:Alton Road Historic Buffer Overlay
May 21, 2014 Page 3 of 8
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 17th 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 that requires City Commission
approval).
On November 1, 2010, the Administration hosted a meeting between attorneys
representing certain property owners who objected to the ordinance and representatives
from the neighborhoods in an attempt to forge a compromise on several limited points of
disagreement. As a result of that meeting, the Administration is proposing an alternate
version of the ordinance that we believe satisfies the most critical objections from both
sides; while at the same time it represents sound planning principles and the interests of
the city-at-large. A summary chart of the disputed issues and proposed changes to the
ordinance is enclosed as Attachment A, and each issue is discussed in the analysis
below.
On November 17, 2010, the ordinance was scheduled for first reading. The Mayor and
City Commission continued the first reading to the January 19, 2011 meeting and
referred the item to the Land Use and Development Committee for discussion. The
LUDC deferred the item on January 31, 2011, February 23, 2011, and April 21, 2011.
On May 18, 2011 the LUDC moved the ordinance to pending items based upon failure of
various stakeholders to agree on details of the proposed Alton Road Historic District
Buffer Overlay district.
On January 23, 2013, the Ordinance was transmitted by the Land Use Committee to the
full City Commission with a favorable recommendation. On June 5, 2013, the City
Commission discussed the proposed Ordinance at First Reading, and continued the item
Commission Memorandum
Ordinance:Alton Road Historic Buffer Overlay
May 21, 2014 Page 4 of 8
to a date certain of October 16, 2013. On October 16, 2013, the item was continued to
the December 11, 2013 City Commission meeting. On December 11, 2013, the item was
continued to a date certain of January 15, 2014.
On January 15, 2014, the City Commission approved the subject Ordinance at First
Reading and scheduled a Second Reading Public Hearing for February 12, 2014. On
February 12, 2014, the matter was continued to March 5, 2014. Due to a training
exercise, and the early closing of City Hall on March 5, 2014, 2nd Reading of the
Ordinance was continued to a date certain of April 23, 2014.
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.
The locations of the proposed overlay district are as follows:
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 .25 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.
Commission Memorandum
Ordinance:Alton Road Historic Buffer Overlay
May 21, 2014 Page 5 of 8
The maximum building height in the Planning Board recommended 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 administration has an alternative
recommendation for maximum building height of 50 feet along the front portion of the
lots fronting Alton Road and 28 feet in the rear portion of the lots. This change is based
upon information supplied by property owners concerning industry standards for
minimum ceiling heights in new retail, restaurant and office buildings. However, this
recommendation is subject to building separation requirements for larger site
development (see below) to prevent monolithic buildings at 50 feet height.
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.
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 as amended by the Planning Board has no minimum interior side
yard setback, nor does it have provisions for building separation, lot aggregation or view
corridors on larger lot assemblages. Instead, the Planning Board version of the
ordinance contains 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. This could be accomplished by such things as small variations in
setbacks, window placement, or vertical and horizontal design elements on the fagade,
subject to design review. This was the recommendation of the Planning Board in
November 2009 following extensive workshop discussions wherein the Planning
Department staff had recommended various formulas for requiring a complete physical
separation between adjacent buildings on the upper stories above ground level retail.
The intent was to prevent a continuous wall of 40-50 feet tall buildings that would be
inconsistent with the small lot development pattern of the historic residential
neighborhoods. The current recommendation from the Administration is retain the
language developed by the Planning Board with the clarification of "east and west'
facades, and to add a paragraph requiring building separation under limited
circumstances as follows: "Any development greater than 43 feet in height on a lot with
more than 150 linear feet of frontage along Alton Road shall have a separation between
all portions of the structure above a height of 28 feet, so that there is a minimum 15 feet
wide view corridor running from east to west at least every 150 linear feet along the
Alton Road corridor".
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.
Commission Memorandum
Ordinance:Alton Road Historic Buffer Overlay
May 21, 2014 Page 6 of 8
Residents of the Flamingo Park neighborhood were concerned about impacts of noise
and traffic from intensive commercial uses. Therefore, the proposed overlay district
modifies the underlying CD-2 land uses in several ways. One of them is 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, provided that the loft or mezzanine does not exceed
one third of the floor area of the store. Based upon objections from property owners, the
current Administration recommended ordinance deletes the language limiting the loft or
mezzanine to one third of the floor area, and replaces it with language permitting "a
second floor within a ground floor commercial space, if it functions as one single
contiguous establishment and is only accessible to the public through the contiguous
ground floor commercial space." This would allow two full floors inside any given retail
store, similar to CB2 or Borders book stores, but it would not allow multilevel shopping
centers.
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. No variance to this provision would be permitted.
In accord with the objective of encouraging locally oriented retail and service uses that
are compatible in scale and character with the historic districts, the overlay district
requires conditional use approval for any individual retail, restaurant, bar, entertainment
establishment or similar establishment in excess of a certain size threshold. The
Planning Dept. conducted a detailed survey of businesses in the Alton Road corridor and
determined that a threshold of 5,000 sq. ft. generally separates businesses that primarily
serve the neighborhood population from businesses that primarily serve the entire city
and beyond. To provide a generous margin of error, staff doubled the recommended
threshold to 10,000 sq. ft. for conditional use approval. The Planning Board changed the
conditional use threshold from 10,000 sq. ft. to 20,000 sq. ft. by a 4-2 vote at their
meeting on August 24, 2010, based upon objections from property owners. The
Administration's recommendation is to keep the original threshold of 10,000 sq. ft. per
establishment for conditional use approval based upon the analysis conducted by the
Planning Department.
A majority of the discussions during the community workshops and Planning Board
meetings centered upon the blocks between 6th and 11th 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
August 24, 2010 meeting, the Planning Board voted 5-1 to remove lots 15 and 16 from
the overlay district (northeast corner of 17 Street and Alton Road).
PLANNING BOARD REVIEW
The Planning Board reviewed the proposed Ordinance on 3 separate occasions, as
noted hereto:
1. On November 17, 2009 the Board recommended approval by a vote of 5 to 0.
Commission Memorandum
Ordinance:Alton Road Historic Buffer Overlay
May 21, 2014 Page 7 of 8
2. On April 27, 2010, the Board recommended approval by a vote of 5 to 0.
3. August 24, 2010, the Board transmitted the Ordinance by a vote of 3 to 2.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
will be no measurable impact on the City's budget. By nature, a zoning district
amendment does not have direct costs to the City, but it may affect long term revenue
from property tax, sales tax and other revenue streams. Although some property owners
have argued that the proposed overlay zoning will diminish their property values, the
Administration believes that this is claim is highly speculative, especially if the
Administration's alternate ordinance is adopted. The Administration's proposal would
preserve all of the most valuable development rights on each parcel, with the exception
of removing the .5 bonus FAR for residential use mixed with commercial uses. Since this
is a bonus and not as-of-right floor area, it is difficult to say whether any real
development would be sacrificed. There are no existing buildings in the district that have
used this bonus. Counterbalancing any potential loss of development rights on private
property is the companion ordinance creating Parking District #6, which will reduce
minimum parking requirements thereby creating significant savings to private property
owners in the cost of providing parking spaces. This ordinance is also expected to
generally enhance property values throughout the neighborhood by permitting
appropriately scaled infill development and by encouraging the development of smaller,
locally oriented businesses.
SUMMARY/UPDATE
The proposed ordinance was originally a companion item to the Alton Road Parking
District No. 6 Ordinance, which was adopted by the City Commission on September 11,
2013. The proposed Ordinance, which was discussed by the Commission on June 5,
2013, and continued to October 16, 2013, has been fully re-noticed for First Reading, as
it has been determined that it requires two (2) full readings, and not just one. On October
16, 2013, the subject Ordinance was continued to the December 11, 2013 Commission
meeting. On December 11, 2013 the item was continued to a date certain of January 15,
2014.
On January 15, 2014, the City Commission approved the subject Ordinance at First
Reading and scheduled a Second Reading Public Hearing for February 12, 2014. The
approval at First Reading included the deletion of the previous proposal to remove the
maximum floor area ratio (FAR) bonus for mixed-use projects in the CD-2 districts; this
change was incorporated into the Ordinance. However, subsequent to the initial action
by the Commission on January 15, 2014, it was discovered that the item was not
considered as a `Public Hearing', as required by Code. Therefore, the Administration
has re-noticed the matter and placed the item on the February 12, 2014 agenda for a
new First Reading Public Hearing.
On February 12, 2014, the City Commission held a First Reading Public Hearing, and
approved the Ordinance subject to the following modifications, which have been
incorporated into the revised Ordinance proposed for Second Reading:
1. The maximum number of stories has been increased from 4 to 5.
2. The distance separation from an alley for the 28' height limit at the rear of a
development site has been corrected to be 40', not 50'.
Commission Memorandum
Ordinance:Alton Road Historic Buffer Overlay
May 21, 2014 Page 8 of 8
3. Retail uses at any level above the ground or first floor shall not exceed 2,500 square
feet per tenant. As indicated in the original draft of the Ordinance, this subsection
shall not apply to existing and proposed retail uses in buildings existing in this district
as of the effective date of this ordinance.
4. As it pertains to contributing buildings or properties, the requirements for historic
courtyards has been clarified to prohibit `substantially enclosed' structures.
On March 5, 2014, the City Commission opened and continued Second Reading of the
Ordinance to a date certain of April 23, 2014. Section 118-164 of the City Code requires
that at least one hearing on this item be held after 5:00 p.m. on a weekday. First
Reading for the Ordinance was held prior to 5:00 pm on February 12, 2014. As City Hall
closed at 4:00 pm on March 5, 2014, Second Reading of the Ordinance was required to
be continued to the next Commission meeting in order for it to be heard after 5:00 pm.
On April 23, 2014, the City Commission adopted the subject Ordinance at Second
Reading, including minor modifications for properties that contain an existing,
contributing structure. This revision, however, did not remove the mandatory review of
the Planning Board for any proposed alcoholic beverage establishment that exceeded
the thresholds for a Neighborhood Impact Establishment (NIE).
On April 30, 2014, the City Commission passed a motion to reconsider the the April 23,
2014 vote, in order to propose additional review for certain commercial uses and
minimize impacts to the abutting residential neighborhoods. The proposed modification
requires a Conditional Use Approval for alcoholic beverage establishments,
entertainment establishments or restaurants that wish to operate in any open area above
the ground floor between the hours of 8:00 p.m. and 8:00 a.m.
In addition to the proposed revisions to Section 142-864(e)(4), corrections of scrivener's
errors in the numbering of the new Division and a minor clarification of uses in Section
142-864(e)(1) are also proposed. The aforementioned revisions and corrections have
been included in the revised Ordinance for 2"d Reading.
CONCLUSION
The ministration recommends that the City Commission adopt the subject Ordinance.
J /TRM/CS
T:\AGENDA\2014\May\Alton Road Buffer Overlay-MEM 2nd Read.docx
MIAMI HERALD I MiamiHerald.com NE THURSDAY,MAY 8,2014 1 TINE
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,
on Wednesday,May 21,2014,to consider the following:
10:45 a.m.
Ordnance Amending Chapter 2 Of The Miami Beach City Code Entitled"Administration.'By Amending Article IV Entitled"Officers And Employees,"By Amending Section 2-191 Entitled'Enumeration Of Organizational Units;By Creating The Office
Of Housing And Community Services And Transportation Department.Inquiries may be directed to the Human Resources Department 305.673-7524.
10:50 a.m.
Ordinance Amending Ordinance Na.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,Florida,As Follows:Providing For The Classifications In Group I,Represented By The American Federation Of State,County And
Municipal Employees(AFSCME)Local 1554,In Accordance With The Negotiated 2013-2016 Collective Bargaining Agreement;Effective Upon Ratification Of The Collective Bargaining Agreement The 2009 Condrey CtassiflcaEon And Compensation
Study,Inclusive Of Subsequent Amendments,Will Be Implemented,Establishing The Minimum Salary For All Bargaining Unit Classifications In Accordance With'Scale C"Of The Study,And Establishing The Maximum Salary For AD Bargaining Unit
Classifications In Accordance With"Scale B"Of The Study;Effective April 1,2014,There Shall Be An Across The Board Cost-Of-Living Adjustment(COLA)Of Two Percent(2%),And The Minimum And Maximum Of Each Pay Range,Including The
Pay Ranges In The 2009 Condrey Classifications And Compensation Study,As Amended,Will Also Be Increase By Two Percent(2%);Further,Effective April 1,2015,There Shall Be An Across The Board Cost-Of-Living Adjustment(COLA)Of One
Percent 0%),For Employees Whose Base Salary Does Not Exceed The Maximum Of Their Pay Ranges As Recommended By The 2009 Condrey Classification And Compensation Study"Pay Scale B,"Inclusive Of Subsequent Amendments,And The
Minimum And Maximum Of Each Pay Range,Including The Pay Ranges In The 2009 Condrey Classification And Compensation Study,As Amended,Will Also Be Increased By One Percent(1%);Repealing All Ordinances In Conflict.Inquiries may be
directed to the Human Resources Department 305-673-7524.
10:55 a.m.
Others Salary Ordinance
An Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,Florida,As Follows:Providing For The Classifications In Group VI,Not Represented By A Collective Bargaining Unit And Commonly
Referred To As"Others%Effective April 23,2014,Adopting The 2009 Condrey Classification And Compensation Sludy,Amended By Seven Percent(7%)In August 2013,by The Consultant,Establishing The Minimum Salary For All"Others"Salary
Group Classifications in Accordance With"Scale C"Of The Study,And Establishing The Maximum Salary For All"Others"Salary Group Classifications in Accordance With"Scale B"Of The Study;Adopting The Classification Titles As Recommended
Therein,Amending The Minimum And Maximum Of Each Range By Two Percent(2%)Effective April 23,2014 And One Percent(1%)Effective April 1,2015;Changing The Title Of The Human Resources Technicians I,II And III To Human Resources
Technician;Deleting The Following Obsolete Classifications:Administrative Aide II/Risk And Employee Benefits Specialist;And Establishing The Newly Created Classification,Of Case Worker Assistant And Recreation Attendant Repealing All
Ordinances In Conflict.inquiries may be directed ID the Human Resources Department 305-673-7524.
11:00 a.m.
Unclassified Salary Ordinance
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Flori da,Amending Ordinance No.1605,The Unclassified Employees Salary Ordinance Of The City Of Miami Beach,Flarida,As Follows:Providing ForThe Classifications In
Group VIi,Comprised Of At-Will Employees Commonly Referred To As'Unclassified Employees",Effective April 23,2014;Adopting The 2009 Condrey Classification And Compensation Study,Amended By Seven Percent(7%)In August 2013,By The
Consultant Establishing The Minimum Salary For All Unclassified Salary Group Classifications,In Accordance With"Scale C"Of The Study,And Establishing The Maximum Salary For All Unclassified Salary Group Classifications,In Accordance With
"Scale B"Of The Study;Amending The Minimum And Maximum Of Each Range By Two Percent(2146),Effective April 23,2014,And One Percent(1%),Effective April 1,2015;Adopting The Following Classification Titles:From Chief Structural Plans
Examiner To Chief Structural Engineer;From Expenditure/Treasury Manager To Treasury Manager;From Executive Assistant To The City Manager To Assistant To The City Manager,From Utility Superintendent To Water And Sewer Superintendent;
From Property Management Contracts Coordinator To Maintenance Management Coordina tor,From Tourism And Convention Director To Marketing And Tourism Manager;From Labor Relations Division Director To Labor Relations Manager;From
Chief Engineering Inspector To Governmental Compliance Coordinator,From Feld Supervisor To Feld Inspections Supervisor-CIP/Planning And Zoning Inspector,From Police Financial Assistant To Business Manager;From Community Development
Specialist To Housing And Community Development Specialist;From Field Agent To Tax Auditor;From ConstituenUCommission Aide To Commission Aide;From Call CenleriCustomer Service ManagerTo Community Outreach Manager:From Truancy
Prevention Program Coordinator To Truancy Coordinator,From Assistant Director Parks/Assistant Director Recreation To Assistant Director Parks And Recreation;From Departmental ADA Coordinator To ADA Coordinator,From Urban Forrester To
Parks Superintendent-Urban Forrester,Creating The Following New Classification Titles:Asset Specialist Assistant City Attorney i;Educational Aide;Parks And Recreation Administrative Specialist;Planner I And Planner It;Development And MBTV
Director;Public Arts Coordinator;Program Coordinator(Youth Empowerment Network);Project Manager;Senior Legal Secretary;Tutoring Supervisor;Incorporating The Following Additional Classification Changes:From Assistant Director-Code
Compliance To Code Compliance Assistant Director;From Housing And Community Development Division Director To Housing And Community Services Director,Deleting The Following Obsolete Classifications;Account Manager-Anance;Assistant
For Labor Relations;Office Of Child Development Director,Real Estate Housing And Community Development Director;labor Relations Director,Housing,Community And Economic Development Division Director;Office Of Community Services
Division Director,Public Safety Special Projects Coordinator;Registrar;And Establishing The Following Newly Created Classifications Since The 2009 Condrey Study:Building Official;Recreation Supervisor 11;Code Compliance Director,Senior Code
Compliance Administrator;Senior Media Specialist;Senior Business Manager,Capital Improvement Projects Division Director,Chief teaming And Development Officer;Emergency Management Specialist;Intern;Housing And Community Services
Department Director;Management And Budget Analyst I;Mayor And Commission Branding Manager;Mayor And Commission Office Manager;Planning Department Deputy Dire ctor,Public Safety Communications Unit Director;Secretary;Senior
Human Resources Specialist;Transportation Analyst;Transportation Operations Supervisor,Transportation Director;Permitting The Recognition Of Those Unclassified Employees Over The Maximum Of Their Respective Salary Ranges,By Allowing
Far A One-Time,Non-Recurring,Non-Pensionable Adjustment Of Up To Two Percent(2%)Of Their Salaries(Based On Whether They Met,Exceed Or Significantly Exceed Performance Expectations,As Reflected By The Ratings On Their indMaual
Performance Evaluations);Repealing All Ordinances In Conflict Therewith;Providing For Severability,An Effective Date,And Codification.inquiries may be directed to the Human Resources Department 305-673-7524.
11:15 am.
Religious Uses Ordinance-Religious Land Use And Institutionalized Persons Act(RLUIPA)
An Ordinance Amending The City Of Miami Beach Code,By Amending Chapter 142,"Zoning Districts And Regulations,"Article 11,"District Regulations,"And Article IV,"Supplementary District Regulations,"To Provide For The Equal Treatment
Of Religious Institutions In Multifamily,Commercial And industrial Districts,As Required By Federal Law,Allowing Religious Institutions As A Matter Of Right Up To 199 Occupancy,As Either Main Permitted Or Accessory Uses As Set Forth In The
Respective Zoning Districts,And Requiring Conditional Use Approval For Such Uses With Higher Occupancy.Inquiries maybe directed to the Planning Department 305-673-7550.
1125 a.m.
Single Family Parking Space Removal
An Ordinance Amending The City Code,By Amending Chapter 106,'Traffic And Vehicles,"Article 11,"Metered Parking,"Division 1,"Generally,"Section 106-55,"Parking Rates,Fees And Penalties,"To Modify On-Street Parking Space Removal
Requirements For Single Family Uses.Inquiries may be directed to the Planning Department 305-673-7550.
11:35 a.m.
Repeal Of An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Chapter 142,"Zoning Districts And Regulations,"Article 11,"District Regulations,"Division 5.CO-2"Commercial,Medium intensity District,"By Removing
`Self-Storage Warehouses"AsA Conditional Use In This Zoning District;Providing For Repealer,Severability,Codification And An Effective Date.
5:05 p.m.
Alton.Road Historic District Buffer Overlay.An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article III,"Overlay Distdcls,"Creating Division 9"Alton Road-
Historic District Buffer Overlay,'By Including Section 142-863"Location And Purpose;And Section 142-864"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 10,000 Sq.Ft.;And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance;
Providing For Codification;Repealer,Severability;And An Effective Date.Inquiries may be directed to the Planning Departmental 305-673-7550.
NOTE.See also advertisement#886,for additional public hearings occurring on May 21,2014.
Dr.Stanley Sutnick Citizen's Forum-The times for the Dr.Stanley Sutnick Citizen's Forum are 8:30 a.m.and 1:00 pm.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session,vrith individuals being
limited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification is needed in order to speak to the Commission during this Forum.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,c/o the City Clerk, Convention Center Drive,l'Floor,City Hall,Miami Beach,
Florida 33139.Copies of these items are available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,1r Floor,City Hall,Miami Beach,Florida 33139.This meeting,or any item herein,may
be continued,and under such circumstances,additional legal notice need not be provided.
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must
ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format,sign language interpreters,information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding,please contact us
five days in advance at 305-673-7411(voice)or TTY users may also call the Florida Relay Service at 711.
Rafael E Granado,City Clerk
City of Miami Beach
NE THURSDAY,MAY 8,2014 1 21PIE
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
MIAMI BEACH
CODE OF ORDINANCES
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City of Miami Beach proposes to adopt the following ordinance;
a second reading/public hearing will be held by the Mayor and City Commissioners of the City of
Miami Beach,Florida,in the Commission Chambers,311 Floor,City Hall,1700 Convention Center
Drive,Miami Beach,Florida 33139,on Wednesday,May 21,2014 at 5.:05 p.m to consider:
Alton Road Historic District Buffer Overlay.An Ordinance Amending The Code Of The City Of
Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article III,
"Overlay Districts,"Creating Division 9"Afton Road-Historic District Buffer Overlay,"By Including
Section 142-863"Location And Purpose,"And Section 142-864"Development Regulations,"
Including Among Other Provisions Regulations On Maximum Floor Area Ratio;Maximum Building
Height;Minimum Setbacks;Building Separation;Demolition OrAdditionsTo 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 10,000 Sq.R.;And Prohibiting Alcoholic
Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The
Ordinance;Providing For Codification;Repealer;Severability;And An Effective Date. Inquiries
p may be directed to the Planning Department at 305-673-7550.
f The properties that may be impacted by the proposed Ordinance are shown on the Map.
All interested parties are invited to appear at this meeting or be represented by an agent,or to
express their views in writing addressed to the City Commission,c/o City Clerk,1700 Convention
Center Drive,City Hall,Miami Beach,Florida 33139.Copies of the proposed amendments are
available in the Planning Department.This meeting or this item may be continued,and under
such circumstances,additional legal notice need not be provided.
Pursuant to Florida Statutes§286.0105,the City hereby advises the public that if a person decides
to appeal any decision made by the City Commission with respect to any matter considered
�a C _ at its meeting or its hearing,such person must
ensure that a verbatim record of the proceedings
;:'_ �' is made,which record must include the testimony
r--„,;" �,,,,,,, and evidence upon which the appeal is to be
' based.This notice does not constitute consent
- by the City for the introduction or admission of
R°" otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not
- _ otherwise allowed by law.
GU To request this material in accessible format,
sign language interpreters, information on
access for persons with disabilities and/or any
g accommodation to review any document or
_ l � participate in any City-sponsored proceeding,
_
I. ArEA I
please contact us five days in advance at
305-673-7411(voice)or TTY users may also call
WIA the Florida Relay Service at 711.
U
PB ^ ' Rafael E.Granado,City Clerk