Ordinance 2018-4228 ALTON ROAD GATEWAY AREA DEVELOPMENT REGULATIONS
LDR AMENDMENTS
ORDINANCE NO. 2018-4228
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II "DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL,
MEDIUM INTENSITY," TO CREATE SECTION 142-311, ENTITLED "ALTON
ROAD GATEWAY AREA DEVELOPMENT REGULATIONS," TO ESTABLISH
REGULATIONS FOR THE AREA BOUNDED BY 8TH STREET ON THE
NORTH, ALTON ROAD ON THE EAST, 5TH STREET/MACARTHUR
CAUSEWAY/SR A1A ON THE SOUTH, AND WEST AVENUE ON THE WEST,
EXCLUDING LOTS 15 THROUGH 22, BLOCK 2, OF THE AMENDED
FLEETWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 28, PAGE 34, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; EXPANDING THE LISTING OF
PROHIBITED USES; MODIFYING THE APPLICABLE SETBACKS,
PROVIDING FOR CLEAR PEDESTRIAN PATHS; INCREASING THE
ALLOWABLE HEIGHT LIMIT FOR MAIN USE RESIDENTIAL BUILDINGS, TO
LIMIT THE MAXIMUM FLOOR PLATE SIZE OF THE TOWER PORTION OF
NEW BUILDINGS; ESTABLISHING MINIMUM REQUIREMENTS FOR GREEN
SPACE; AND MODIFYING DESIGN REQUIREMENTS WITHIN THE ALTON
ROAD GATEWAY AREA INCLUDING, BUT NOT LIMITED TO, DESIGN
REQUIREMENTS APPLICABLE TO BUILDING FLOORS CONTAINING
PARKING SPACES; ALSO AMENDING CHAPTER 130 OF THE CITY CODE,
ENTITLED "OFF-STREET PARKING," ARTICLE II, "DISTRICTS;
REQUIREMENTS," SECTION 130-31, "PARKING DISTRICTS
ESTABLISHED," TO MODIFY THE BOUNDARIES OF PARKING DISTRICT
NUMBER 6 TO INCORPORATE THE ENTIRE ALTON ROAD GATEWAY
AREA; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, the entrance to the South Beach neighborhood of the City of Miami Beach
via the MacArthur Causeway provides an important first impression to residents, guests, and
workers; and
WHEREAS, the City intends to create an attractive entrance into the City of Miami
Beach adjacent to the MacArthur Causeway; and
WHEREAS, Objective 4, entitled "Open Space," of the Recreation and Open Space
Element of the City of Miami Beach 2025 Comprehensive Plan ("Comprehensive Plan") is "to
require open space in conjunction with every new public and private sector development
project..."; and
WHEREAS, Policy 4.2 of the Recreation and Open Space Element of the
Comprehensive Plan provides that "The Land Development Regulations of the City Code shall
continue to provide some open space in conjunction with all new commercial development
projects through setbacks or other requirements'; and
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WHEREAS, the City seeks to encourage development of significant public green spaces
for the South Beach neighborhood; and
WHEREAS, Policy 5.2 entitled "Pedestrian Safety." of the Transportation Element of the
Comprehensive Plan provides that "the City shall provide curb cuts and barrier free walkways
enabling all pedestrians, specific the elderly and handicapped, to cross intersections, safely and
easily"; and
WHEREAS, Policy 5.8 entitled "Beachwalk and Baywalk Projects," of the Transportation
Element of the Comprehensive Plan provides that "the City shall continue the implementation of
the Baywalk Projects in order to further the City's vision of having a continuous on grade
recreational path..."; and
WHEREAS, Objective 10, entitled "Public Shoreline Access." of the Transportation
Element of the City of Miami Beach 2025 Comprehensive Plan provides for the City to "Increase
the amount of public access to the beach or shoreline consistent with the estimated public
need;" and
WHEREAS, the City seeks to find creative ways to improve the pedestrian environment
of the South Beach neighborhood; and
WHEREAS, the City seeks to enhance public access to Biscayne Bay; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, entitled, "Zoning Districts And Regulations," Article II, "District
Regulations," Division 5, "CD-2 Commercial, Medium Intensity," is hereby amended to create a
new Section 142-311, as follows:
Sec. 142-311 — Alton Road Gateway Area Development Regulations.
(a) The Alton Road Gateway Area incorporates the parcels in the area bounded by 8th Street
on the north, Alton Road on the east. 5th Street/MacArthur Causeway/SR A1A on the south.
and West Avenue on the west; excluding lots 15 through 22 of the Amended Fleetwood
Subdivision, according to the plat thereof recorded in Plat Book 28. page 34, of the Public
Records of Miami-Dade County. Florida; as depicted in the map below:
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(b) The following regulations shall apply to the properties located within the Alton Road
Gateway Area; where there is conflict within this division, the regulations below shall apply:
(1) Prohibited uses. In addition to the prohibited uses identified in Section 142-305, the
following uses shall also be prohibited: accessory outdoor bar counters, hostels, hotels,
apartment hotels, suite hotels. outdoor entertainment establishments, neighborhood
impact establishments, open air entertainment establishments, bars. dance halls,
entertainment establishments (as defined in Section 114-1), exterior alcoholic beverage
service after 12:00 a.m.. interior alcoholic beverage service after 2:00 a.m., package
stores, any use selling gasoline. storage and/or parking of commercial vehicles on site
other than the site at which the associated trade or business is located, (in accordance
with Section 142-1103). pawnshops, secondhand dealers of precious metals/precious
metals dealers, check cashing stores, convenience stores, occult science
establishments. souvenir and t-shirt shops, and tattoo studios.
(2) Setbacks. The setbacks established in Section 142-307 are modified as follows:
a. Minimum setback from Alton Road: 10 feet for residential and non-residential
buildings; 0 feet for elevated open walkways.
b. Minimum setback from West Avenue: 35 feet; 0 feet for elevated open
walkways.
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c. Minimum setback from 5th Street/MacArthur Causeway: 20 feet; 0 feet for
elevated open walkways.
(3) 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.
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.
(4) Height. The maximum height for a main use residential building: 519 feet. The
maximum height for non-residential structures: 25 feet. Height shall be measured from
the base flood elevation, plus freeboard, provided that the height of the first floor shall be
tall enough to allow the first floor to eventually be elevated to base flood elevation, plus
freeboard, with a future minimum interior height of at least 12 feet as measured from the
height of the future elevated adjacent right-of-way, as provided under the City's Public
Works Manual.
(5) Floor plate. The maximum floor plate size for the tower portion of a residential building
is 17,500 square feet. including projecting balconies, per floor.
(6) Residential Buildings Containing Parking. Main use residential buildings containing
parking are not required to provide residential or commercial uses at the first level along
every façade facing a street or sidewalk, as required in Section 142-308(a). 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.
(7) Green space. A minimum of 3.0 acres of public open green space shall be located
within the Alton Road Gateway Area. For purposes of this section. green space shall
mean public open areas that are free from buildings, structures, pavilions. driveways,
parking spaces, and underground structures. However, sun shade structures, open on
all sides, may be permitted. Public open green space areas shall consist primarily of
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areas, pedestrian and bicycle pathways, plazas. playgrounds, and other recreational
amenities.
SECTION 2. Chapter 130, entitled "Off-Street Parking," Article II, "Districts; Requirements,"
Section 130-31, "Parking districts established," is hereby amended as depicted in the attached
maps, as follows:
Sec. 130-31. - Parking districts established.
(a) For the purposes of establishing off-street parking requirements, the city shall be divided
into the following parking districts:
* * *
(6) Parking district no. 6. Parking district no. 6 includes those properties between Alton
Court (alley) and Lenox Court (alley) or with a lot line on Alton Road, where an alley
does not exist, from 5 Street on the south to Dade Boulevard on the north, with the
exception of properties included in parking district no. 2, as depicted in the map
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SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /.z day of December , 2018.
ATTEST: •
Dan Gelber, Mayor
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Rafae . Granado City Cler
APPROVED AS TO
FORM & LANGUAGE
First Reading: November 14, 2018 & FOR EXECUTION
Second Reading: December 12, 2018 << 30(1 g
(Sponsor: Mayor Dan Gelber) City Attorney Date 1
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Verified By: P_Thomas R. Mooney, Al P
Planning Director ...►.r.� G
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Ordinances - R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 12, 2018
5:02 p.m. Second Reading Public Hearing
SUBJECT ALTON ROAD GATEWAY AREA DEVELOPMENT REGULATIONS - LDR
AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II
"DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL, MEDIUM
INTENSITY," TO CREATE SECTION 142-311, ENTITLED "ALTON ROAD
GATEWAY AREA DEVELOPMENT REGULATIONS," TO ESTABLISH
REGULATIONS FOR THE AREA BOUNDED BY 8TH STREET ON THE NORTH,
AL TON ROAD ON THE EAST, 5TH STREET/MACARTHUR CAUSEWAY/SR A1A
ON THE SOUTH, AND WEST AVENUE ON THE WEST, EXCLUDING LOTS 15
THROUGH 22, BLOCK 2, OF THE AMENDED FLEETWOOD SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28, PAGE 34,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; EXPANDING
THE LISTING OF PROHIBITED USES; MODIFYING THE APPLICABLE
SETBACKS, PROVIDING FOR CLEAR PEDESTRIAN PATHS; INCREASING THE
ALLOWABLE HEIGHT LIMIT FOR MAIN USE RESIDENTIAL BUILDINGS, TO
LIMIT THE MAXIMUM FLOOR PLATE SIZE OF THE TOWER PORTION OF NEW
BUILDINGS; ESTABLISHING MINIMUM REQUIREMENTS FOR GREEN SPACE;
AND MODIFYING DESIGN REQUIREMENTS WITHIN THE AL TON ROAD
GATEWAY AREA INCLUDING, BUT NOT LIMITED TO, DESIGN REQUIREMENTS
APPLICABLE TO BUILDING FLOORS CONTAINING PARKING SPACES; ALSO
AMENDING CHAPTER 130 OF THE CITY CODE, ENTITLED "OFF-STREET
PARKING," ARTICLE . II, "DISTRICTS; REQUIREMENTS," SECTION 130-31,
"PARKING DISTRICTS ESTABLISHED," TO MODIFY THE BOUNDARIES OF
PARKING DISTRICT NUMBER 6 TO INCORPORATE THE ENTIRE ALTON ROAD
GATEWAY AREA; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On July 25, 2018, at the request of Mayor Dan Gelber, the City Commission referred the item to the
Land Use and Development Committee (Item C7AQ). The Land Use Committee discussed the
Page 822 of 1751
amendment on September 28, 2018 and recommended that the City Commission refer the item to the
Planning Board.
On September 12, 2018, at the request of Mayor Gelber as the sponsor, the City Commission
discussed and deferred the Planning Board referral (Item C4F) to October 17, 2018. The City
Commission referred the item to the Planning Board on October 17, 2018.
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
Page 823 of 1751
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 (See attached zoning and site
map).
PLANNING ANALYSIS
The proposed unified development site encompasses 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 Classification of
CPS-2 and the 600-700 block has Zoning Classifications of CD-2 and RM-2 (See attached map).
The proposal is to change the CPS-2 and RM-2 designations to CD-2, which would be consistent
with the predominant zoning designation along Alton Road.
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 referred by the City Commission contains a maximum building height of 484 feet/44
stories for residential buildings south of 6th Street and 25 feet for structures north of 6th Street, as
Page 824 of 1751
recommend by the Land Use and Development Committee.
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
floorplate, 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 facade 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 3.0 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 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 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 staff believes
that it would be appropriate to place limits on these uses as part of any legislation moving forward,
Page 825 of 1751
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, which has been revised since First Reading, would potentially allow for 519 feet in building height.
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 two(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 map below, the context of Bayfront properties consists of much taller, hi-rise 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.
Page 826 of 1751
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PLANNING BOARD REVIEW
On October 23, 2018, the Planning Board held a public hearing regarding the proposed LDR
Amendments and transmitted the Ordinance to the City Commission with a favorable
recommendation by a vote of seven to zero (7-0). The Planning Board also recommended the
following modifications, which are part of the Planning Board version of the attached Ordinance:
1. Removal of hotels, apartment hotels and suite hotels from the list of prohibited uses. The Planning
Board also recommended that hotel and short term rental units be limited to no more than 60 units or
20% of all units, whichever is less.
2. Allow for zero (0) setback for elevated open walkways. The Board also reduced the required
minimum setback along West Avenue from 35 feet to 20 feet.
3. The Planning Board recommended a maximum allowable height of 519 feet for residential
buildings, and that the reference to a maximum number of stories be deleted. Also, a modification to
allow the overall height to be measured from base flood elevation plus freeboard, provided that the
height of the first floor has a future minimum interior height of at least 12 feet as measured from the
height of the future elevated adjacent right-of-way.
4. Parking lots consisting of no more than 80 parking spaces that serve residential development
under the terms of a covenant in lieu of unity of title or similar instrument shall be exempt from the
landscape requirements of Section 126-11(a) and (b).
5. Commercial loading spaces may be located on private streets.
Page 827 of 1751
6. The minimum green space requirement was adjusted from 3.2 acres to 3.0 acres. Additionally, sun
shade structures, open on all sides, would be permitted within the green space area.
SUMMARY
In light of the number of changes to the proposed legislation recommended by the Planning Board,
the Administration previously included two separate versions of the Ordinance:
1. The Planning Board version of the Ordinance, as summarized above.
2. Land Use and Development Committee Version, which was referred to the Planning Board by the
City Commission, and includes the following minor modifications:
a. Allow for zero (0) setback for elevated open walkways.
b. Deletion of the reference to a maximum number of stories.
c. A modification to allow the overall height to be measured from base flood elevation plus freeboard,
provided that the height of the first floor has a future minimum interior height of at least 12 feet as
measured from the height of the future elevated adjacent right-of-way.
d. The minimum green space requirement was adjusted from 3.2 acres to 3.0 acres, and an
allowance for sun shade structures, open on all sides, within the green space area, was included.
At First Reading on November 14, 2018, the Administration recommended the LUDC version of the
Ordinance. In this regard, and as more specifically discussed above, under the Planning Analysis, the
Administration previously recommended a maximum height of 484 feet, as it works better for the
proposed unified site. The Administration is also recommending that the references to number of
stories be removed, as it will be addressed in the Development Agreement.
The Administration also expressed concerns with the Planning Board recommendation to allow for
the introduction of hotels uses, as these types of transient uses could intensify the program of the
proposed tower, which is within a much more confined area. Finally, the Administration would not
recommend in favor of the proposal to exempt the surface parking area for the Floridian
Condominium from the minimum landscape requirements of the City Code. In this regard, while the
adjacent park area will provide a large amount of greenspace, surface parking areas should comply
with minimum landscape standards in the City Code. If there are extraordinary circumstances or
practical difficulties with adhering to the minimum code requirements, a variance from the Code,
which would be scrutinized by the Design Review Board (DRB), can be sought.
In conclusion, the City Commission should discuss the subject ordinance 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, the proposal for a
unified site within 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.
CITY COMMISSION FIRST READING UPDATE
On November 14, 2018, the City Commission approved the LUDC version of the Ordinance at First
Reading. The only modification made to the LUDC version was an increase in the maximum
allowable height of the residential tower from 484 feet to 519 feet. This modification has been
incorporated into a revised Ordinance for Second Reading.
CONCLUSION
Page 828 of 1751
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ Site Map
❑ Ordinance
❑ Ad
Page 829 of 1751
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