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Ordinance 2019-4255 Alton Gateway Development Regulation Amendments ORDINANCE NO. 2019-4255 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SECTION 142-311, ENTITLED "ALTON ROAD GATEWAY AREA DEVELOPMENT REGULATIONS," TO INCLUDE MODIFICATIONS TO BUILDING SETBACKS, PEDESTRIAN PATH REQUIREMENTS, BUILDING HEIGHT FOR NON-RESIDENTIAL STRUCTURES, AND GREEN SPACE REQUIREMENTS; 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, on December 12, 2018 the City Commission adopted Ordinance 2018- 4228, which created the Alton Road Gateway Area Development Regulations; and WHEREAS, the Alton Road Gateway Area Development Regulations establish a set of standards governing development for an assemblage of land on the west side of Alton Road between Fifth Street and Eighth Street; and WHEREAS, on December 12, 2018, the City Commission adopted Resolution No. 2018- 30647, following Second Reading and a public hearing, approving a Development Agreement between the City and South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, 1220 Sixth, LLC, and KGM Equities, LLC; and WHEREAS, the Development Agreement contemplated the development of land located within the Alton Road Gateway Area with a mixed-used residential and commercial development to include a public park and other public and private amenities; and WHEREAS, the City Commission now desires to amend the Alton Road Gateway Area Development Regulations to incorporate the modifications set forth herein. 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 II, "District Regulations," Division 5, "CD-2 Commercial, Medium Intensity," is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS * * * Article II. — District regulations 1 * * Division 5. —CD-2 Commercial, Medium Intensity District * 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: iw I ■ ,� -V 7TH ST /%// a 1 / Cs �rVll "fi-d- \\$ ' ■ 1 ,!a A .1: ■° 6TH ST MAC ARThUR WY MIB y7y (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, apartmenthotels, 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 2 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 forelevated open walkways. b. Minimum setback from West Avenue: 25 20 feet; 0 feet for elevated open walkways. c. Minimum setback from 5th Street/Mac Arthur Causeway: 29 .17 feet; 0 feet for elevated open walkways. (3) Clear Pedestrian Path. A minimum 10 foot wide "dear 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. The clear pedestrian path shall be a minimum of ten feet wide, except along the portions of West Avenue, Alton Road, and 5th Street/MacArthur Causeway south of 6th Street, where itshallbe a minimum of five feet wide. The clear pedestrian path_may be reduced by up to five feet for the sole purpose of accommodating the trunk diameter of canopy street trees when adjacent to a building. b. Pedestrians shall have 24-hour access to "clear pedestrian paths." c. Clear pedestrianpaths shall be well lit and consistent with the City's lighting policies. d. Clearpedestrian, 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 40. 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 /7,500 square feet; includingprojecting 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 facade facing.a street or sidewalk as required in Section 142-308(a). However, the 3 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 open green space shall be located within the Alton Road. Gateway Area. For purposes of thissection, green space shall mean open areas that are free from buildings, structures, pavilions, driveways, parking spaces, and underground structures (except non-habitable utility structures). However, sun shade structures, open on all sides, and elevated pedestrian walks may be permitted. Open green space areas shall consist primarily of landscaped open areas, pedestrian and bicycle'pathways, plazas, playgrounds, and other recreational amenities. SECTION 2. 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 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same arehereby 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. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED.and ADOPTED this r0 day of 0,0/ 2019. ice. 1 ATTEST: 1111102/ Dan Gelber, ayor Rafa E. Granado City Clerk ��• 0��*y 71. APPROVED AS TO • FORM & LANGUAGE First Reading: March 13, 201• �. _' •• ;� ''� �""`"�� & FOR EXECUTION Second Reading: April 10, 2014 :INCORP ORATED: � � l 9 (Sponsor: Mayor D-, 1 Gelber) # ib• '�• _ City Attorney D— Verified By: Thomas R. Mooney, AIT P Planning Director Underline denotes new language; double underline denotes language added after First Reading ctreugh denotes removed language; denotes language removed after First Reading T:\AGENDA\2019\04 April\Planning\Alton Road Gateway Amendments-Second Reading ORD(Revised).docx 4 Ordinances -R5 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 10, 2019 10:10 a.m. Second Reading Public Hearing SUBJECT:ALTON GATEWAY DEVELOPMENT REGULATION AMENDMENTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SECTION 142-311, ENTITLED "ALTON ROAD GATEWAY AREA DEVELOPMENT REGULATIONS," TO INCLUDE MODIFICATIONS TO BUILDING SETBACKS, PEDESTRIAN PATH REQUIREMENTS, BUILDING HEIGHT FOR NON-RESIDENTIAL STRUCTURES, AND GREEN SPACE REQUIREMENTS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;AND AN EFFECTIVE DATE. RECOMMENDATION The administration recommends that the City Commission adopt the subject ordinance. ANALYSIS HISTORY On January 23, 2019, at the request of Mayor Dan Gelber, the City Commission referred the proposed ordinance amendment to the Land Use and Development Committee and Planning Board (Item R9 D). The Land Use and Development Committee reviewed the proposed amendment on February 20, 2019 and recommended approval. BACKGROUND On December 12, 2018, the City Commission approved an amendment to the Land Development Regulations to establish the Alton Road Gateway Area Development Regulations for the CD-2 zoning district. This amendment was a companion to a development agreement that allowed for a street vacation to create a large unified development site which will accommodate a 519 foot tall tower and a three (3) acre public park between 500 and 700 Alton Road. PLANNING ANALYSIS Page 663 of 1091 As the site planning for the proposed development has moved forward, it has become apparent that minor tweaks are necessary in order to ensure the viability of the development and improve its ability to enhance the resiliency of the City due to sea level rise. The proposed ordinance modifies the Alton Road Gateway Area as follows: 1. Modifies the setback on West Avenue from 35 feet to 20 feet. This provides for a setback that is consistent with other multifamily residential districts in the vicinity. 2. Modifies the requirement for the "clear pedestrian path" along West.Avenue,Alton Road, and 5th Street/Mac Arthur Causeway from a minimum width of 10 feet to 5 feet. Since the development will include an elevated walking trail that encircles the development and the park, additional flexibility can be provided for the clear pedestrian path without sacrificing mobility. 3. Increases the height limit for non-residential from 25 feet to 40 feet. The proposal is compatible with the heights of other commercial buildings along Alton Road which have height limits of 50 to 60 feet. 4. Modifies the requirement that the green space be free from underground structures to allow for"non-habitable utility structures."This will allow for open space to incorporate a cistern which can be utilized to enhance the City's ability to deal with storm water in light of sea level rise. 5. Allows for elevated pedestrian walkways to be constructed over the green space. This will allow for the walking path that will encircle the development to be constructed and provided as a recreational amenity. In addition to these modifications, as recommended by the LUDC on February 20, 2019, the required setback along 5th Street would be reduced from 20 feet to 17 feet. This change is included within the attached draft ordinance. PLANNING BOARD REVIEW On February 26, 2019, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0). The Planning Board recommendation also included the proposed reduction in the required setback along 5th Street from 20 feet to 17 feet. UPDATE On March 13, 2019, the City Commission approved the subject ordinance at first reading. A minor amendment was proposed on the floor, to allow for a limited reduction of the clear pedestrian path, by up to five feet, for the sole purpose of accommodating the trunk diameter of canopy street streets when adjacent to a building. This amendment has been fine-tuned for clarity purposes, and incorporated within the text of the ordinance for adoption. Since this proposed reduction of the clear path would only apply to limited areas of the development site, adjacent to a building, and for the sole purpose of accommodating canopy trees, the actual scope and application of the reduction will be very narrow. In the realm of the overall development site, such reduction will be negligible and the administration is supportive of the amendment. Page 664 of 1091 CONCLUSION The administration recommends that the City Commission adopt subject ordinance. Legislative Tracking Planning Sponsor Mayor Dan Gelber ATTACHMENTS: Description o Ordinance Page 665 of 1091