Ordinance 2020-4373 4000 Alton Road Expansion— FLUM /Comprehensive Plan Amendment
ORDINANCE NO. 2020-4373
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE
PROCEDURES IN SECTION 163.3187, FLORIDA STATUTES, TO
AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH
COMPREHENSIVE PLAN, BY CHANGING THE DESIGNATION FOR
THE PARCEL LOCATED ABUTTING 4000 ALTON ROAD AND
FRONTING 41st STREET/INTERSTATE 195, FROM THE CURRENT
DESIGNATION OF PF, "PUBLIC FACILITY: GOVERNMENT USE," TO
THE PROPOSED DESIGNATION OF RM-2, "RESIDENTIAL
MULTIFAMILY, MEDIUM INTENSITY"; AND PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, on July 31, 2018, the Mayor's 41st Street Blue Ribbon Committee
(the "Committee") discussed and recommended in favor of the 41st Street Urban
Design Vision Plan, with proposed recommendations guided by core
principles/strategies based upon resident feedback and the design team's analysis of
the street; and
WHEREAS, the 41st Street Urban Design Vision Plan prioritizes the importance
of 41st Street as a primary gateway to Mid-Beach and Miami Beach, as a whole; and
WHEREAS, the subject property has been determined to be "surplus property"
by the Florida Department of Transportation (FDOT), and is therefore eligible to be
conveyed to the owner of abutting property at 4000 Alton Road; and
WHEREAS, the conveyance of the subject property to private ownership makes
it incompatible with the PF, Public Facility: Government Use designation; and
WHEREAS, the subject property and the abutting property at 4000 Alton Road
are uniquely situated as an "island" of land fronting three major roadways (I-195/Julia
Tuttle Causeway, 41st Street, and Alton Road) at the entrance to Miami Beach; and
WHEREAS, this amendment to the Comprehensive Plan is necessary to ensure
the development of the subject property will be compatible with development on adjacent
property; and
WHEREAS, by conforming development regulations for these adjacent and
uniquely situated properties, this Ordinance will promote the health, safety, and welfare of
the City; and
WHEREAS, the City of Miami Beach has determined that this Ordinance will
ensure that new development is compatible and in scale with the built environment, is
consistent with the 41st Street Urban Design Vision Plan, and is in the best interests of
the City; and
WHEREAS, the amendment set forth below is 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. COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT The
following amendments to the designations for the properties described herein are hereby
approved and adopted and the Planning Director is hereby directed to make the
appropriate changes to the City's Future Land Use Map:
A parcel of land generally located adjacent to 4000 Alton Road and abutting
41 Street/Interstate 195 and described and depicted in Exhibit "A," is
hereby changed from the current designation of PF, "Public Facility:
Government Use" to the proposed designation of RM-2, "Residential
Multifamily, Medium Intensity".
SECTION 2. REPEALER
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. INCLUSION IN COMPREHENSIVE PLAN
It is the intention of the City Commission that the Comprehensive Plan's Future
Land Use Map be amended in accordance with the provisions of this Ordinance.
SECTION 5. TRANSMITTAL
The Planning Director is hereby directed to transmit this ordinance to the
appropriate state, regional and county agencies as required by applicable law.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect 10 days after adoption.
PASSED AND ADOPTED this ii day of AV° 91'. , 2020.
ATTEST: Dan Gelber, Mayor
R.1, z.A1 -- 3. ,
Rafael . ranado, it Clerk ; ' cS;...
First Reading: October 14, 2020 i 1INCORP ORATED!
Second Reading: ovem t er 1;,�•020 �'�a, . _ '4
Verified b : p) J DROVED AS TO FORM AND
y LANGUAGEANLL FOR EXECUTION
Th.mas '. Mooney AICP
Planning Director _3a 1 ( 0 cL 21)
City Attorney QV- Date
T:\Agenda\2020\10 October 14\Planning\4000 Alton Road FLUM-First Reading ORD.docx
Ordinances -R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 18, 2020
5:02 p.m. Second Reading Public Hearing
SUBJECT:4000 ALTON ROAD EXPANSION - FLUM / COMPREHENSIVE PLAN
AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN
SECTION 163.3187, FLORIDA STATUTES, TO AMEND THE FUTURE LAND
USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY
CHANGING THE DESIGNATION FOR THE PARCEL LOCATED ABUTTING
4000 ALTON ROAD AND FRONTING 41ST STREET/INTERSTATE 195,
FROM THE CURRENT DESIGNATION OF PF, "PUBLIC FACILITY:
GOVERNMENT USE," TO THE PROPOSED DESIGNATION OF RM-2,
"RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY;" PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN; REPEALER;
SEVERABILITY;AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
HISTORY
On October 16, 2019, at the request of Commissioners Michael Gongora and Ricky Arriola, the
City Commission referred a discussion item to the Land Use and Development Committee
(Item C4 T), pertaining to RM2 zoning regulations for 4000 Alton Road. The item was placed on
the January 21, 2020 agenda of the newly created Land Use and Sustainability Committee
(LUSC), and deferred to February 18, 2020, at the request of the proposer.
On February 18, 2020, the item was deferred to March 17, 2020, also at the request of the
proposer. The March 17, 2020 LUSC meeting was postponed, and the item was moved to the
May 6, 2020 LUSC agenda. On May 6, 2020 the LUSC discussed the proposal and
recommended that the City Commission refer the attached ordinance to the Planning Board. On
May 13, 2020, the City Commission referred the ordinance to the Planning Board (Item C4 C).
After this referral, Commissioner Michael Gongora withdrew as a co-sponsor.
BACKGROUND
On March 5, 2014 the City Commission approved a request is to amend the Future Land Use
•
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Map of the Comprehensive Plan and the Official Zoning District Map of the City of Miami
Beach, for parcels of land adjacent to the "Talmudic University Site." Specifically, the Future
Land Use Category for the subject parcels was changed from ROS, "Recreation and Open
Space," to "RM-2, Residential Multifamily Medium Intensity' and the Zoning District
Classification was changed from GU, "Government Use," to "RM-2, Residential Multifamily
Medium Intensity'. This action accommodated an acquisition of surplus properties from the
Florida Department of Transportation (F DOT) by the Talmudic University.
The current owner of the vacant parcel on the south side of the site, "M 4000 Alton Owner LLC
do M-4000 Alton MGR, LLC" (aka MAST Capital) is in the process of acquiring an additional
0.406 acres of surplus land from the Florida Department of Transportation (FDOT). The
proposed surplus parcel is located at the NW corner of the triangular block fronting Alton Road
and south side of the Julia Tuttle Causeway, and abuts the existing parcel owned by Mast
Capital. I n order to accommodate this additional property and combine it with the existing site,
MAST Capital is seeking the following land use amendments:
1. A re-zoning of the current FDOT parcel from GU, "Government Use" to RM-2, "Residential
Multifamily, Medium Intensity".
2. A companion Future Land Use Map (FLUM) amendment to change the future land use
designation of the FDOT parcel from the' current Public Facilities: Government Use (PF)
category to the Residential Multifamily Medium Intensity(RM-2)category.
3. An LDR amendment that would create specific development regulations pertaining to
setbacks and parking garage liner requirements for the area abutting the west side of Alton
Road and the south side of 41st Street/Interstate 195.
ANALYSIS
PLANNING ANALYSIS
The proposed map amendment is consistent with PRINCIPLE 1: DEVELOPING A
RESILIENT FUTURE of the Resilient Land Use Element of the Comprehensive Plan which
states the following:
The City shall encourage redevelopment that contributes to community resiliency by meeting all
required peril of flood mitigation and storm hazard standards for on-site development and shall
also prioritize energy efficient development that provides stormwater mitigation, and co-benefit
features that contribute to the City's resiliency as a whole.
The proposed FLUM amendment will also allow for the parcel to be combined with the abutting
RM-2 parcel and form a unified development site. This is important because absent the
combination with the abutting parcel, access to the site would be exceedingly difficult, and
introduce more problems to an already congested access point from Alton Road to west bound
1-195.
The proposed ordinance does not contain or represent an increase in maximum allowable
density or intensity, since the PF category allows a higher FAR than the RM-2 district, and its
maximum density is the average of surrounding districts, which in this case is equivalent to RM-
2. The subject parcel (17,680 SF) would allow for up to an additional 35,360 square feet of
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FAR, based on a maximum FAR of 2.0. The maximum density for the parcel is 41 units, based
upon a density of 100 units per acre.
COMPREHENSIVE PLANNING REVIEW PROCESS
The total land area involved in this application is 0.406 acres. Under Section 163.3187 F.S.,
land use map amendments of less than 10 acres in size may be considered "small-scale"
amendments, which require only one public hearing before the City Commission, which shall be
an adoption hearing. Upon adoption, the local government shall send a copy of the adopted
small-scale amendment to the State Land Planning Agency so that the Agency can maintain a
complete and up-to-date copy of the City's Comprehensive Plan.
PLANNING BOARD REVIEW
The item was noticed for the June 23, 2020 Planning Board agenda; at the request of MAST
Capital, the item was continued to the July 27, 2020 Planning Board meeting. On July 27, 2020,
also at the request of MAST Capital, the item was continued to the August 25, 2020 Planning
Board meeting.
On August 25, 2020 the Planning Board held a public hearing and transmitted the FLUM
Amendment ordinance to the City Commission with an unfavorable recommendation by a vote
of 6-0. The Planning Board members expressed concern with the increase in density and
intensity on the larger site that would likely result with the FLUM Amendment.
SUMMARY
Pursuant to the attached letter from F DOT, dated August 27, 2020, MAST Capital has received
confirmation that the purchase of the subject parcel has been approved. MAST has also
represented to the City that they are in active negotiations to finalize the purchase of the
property and are working toward setting a closing date. The effective date of the proposed
rezoning amendment, if adopted, will be predicated upon the completion of this transaction, and
MAST obtaining full title to the parcel.
The administration understands the concerns of the Planning Board regarding the potential
increase in density associated with the inclusion of the FDOT surplus parcel into a larger
property assemblage. However, given the extreme difficulties in accessing this parcel, as well
as its relatively small size and awkward geometry, the best available option from a planning and
land use standpoint would be to combine it with the abutting development site.
In this regard, the density that would be generated by the addition of the parcel is not likely to
exceed 30 units, and it could be less, depending upon the eventual floor plan layout. Also,
access to the parcel, as well as the existing site,would be well buffered from Alton Road, and is
not expected to create traffic back up issues due to the overall depth of the parcel and the
location of vehicular entrance and drop-off areas toward the back of the site. As part of the
development review process these circulation issues will be closely evaluated.
In view of the foregoing, the administration is supportive of the proposed rezoning amendment
and recommends approval.
UPDATE
The subject ordinance was approved at first reading on October 14, 2020, with no changes.
Additionally, the City Commission referred this item, as well as the companion Rezoning and
LDR amendments, to the Planning Board for an advisory recommendation prior to second
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reading.
On October 27, 2020, the Planning Board reviewed the rezoning, FLUM and amended LDR
ordinances. The Planning Board made the following recommendations to the City Commission:
1. By a vote of 6-1, the Board recommended that all 3 ordinances be adopted at second
reading.
2. By acclamation, the Board recommended that the developers transportation engineer work
with City staff, as part of any future DRB application, to develop an effective traffic mitigation
plan that will address all traffic and circulation issues at the site.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Middle Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
❑ FLUM - MAP
❑ FDOT Purchase Letter
D Ordinance
❑ Ad
Page 451 of 1430
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Page 452 of 1430
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Page 453 of 1430
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Page 454 of 1430
FDOT
Florida Department of Transportation
RON DESANTIS 1000 NW 111th Avenue KEVIN J.THIBAULT
GOVERNOR Miami,FL 33172-5800 SECRETARY
August 27, 2020
Mast Capital, Inc.
2601 S Bayshore Dr.
Suite 850
Coconut Grove, FL 33133
Subject: Request to Surplus FDOT Land—Approved
Applicant Mast Capital
Item/Seg. No. : 4152301
Sect/Job No. : 87090-2402
S. R. No. 90711-1-95 (Julia Tuttle Cswy)
County Miami-Dade
Parcel No. : 6836
Dear Christina Cuervo:
This letter is to inform you that your request to purchase FDOT land at 4000 Alton Rd.,
Miami Beach has been approved. The approved parcel measures approximately
17,680sgft.
In accordance with our Guidelines for the Purchase or Lease of FDOT land, upon
notification by FDOT, the applicant must provide, at their own expense:
1. Sketch and Legal description of the parcel to be acquired. Two (2) original
Signed and Sealed copies prepared by a Florida Licensed Surveyor in
compliance with FDOT guidelines. (See Attached)
2. A property appraisal for the area to be conveyed to Mast Capital, Inc. The
appraisal must be prepared by a qualified appraiser and the appraisal must
comply with USPAP. FDOT will review and reserves the right to reject the
appraisal. If FDOT does not accept the appraisal, the applicant will not be
reimbursed for this cost. FDOT may have its own appraisal prepared for the
property.
3. Property Owner Affidavit whereby you declare you are the abutting property
owner. Please review the Property Owner Affidavit, sign, and witness and
notarize and return original to my attention. (See Attached)
www.fdot.gov
Page 455 of 1430
Mast Capital Inc.
August 27,2020
Page Two
Once the above documents have been approved and a negotiated sale price agreed
upon, we can proceed with the closing. Buyer to provide wire transfer in the amount of
the negotiated purchase price along with cashier's check for the associated
documentary stamps and recording fees.
FDOT conveys property via a quit claim deed and does not conduct a title search. It
may be in Mast Capital, Inc.'s best interest to conduct one. In addition, pursuant to
Section 270.11, F.S. FDOT reserves mineral rights to the properties it conveys. If you
wish for the Department to release mineral rights, you will need to provide us with a
letter/petition requesting a release and justification for the release.
Should you have any questions, please do not hesitate to contact me at (305) 470-5245
or via email at cindv.ramos-leal andot.state.fl.us.
Sincerely,
:-/Jt==k--C2-
Cindy B. Ramos-Leal
Right of Way Agent
End: Guidelines for Purchase or Lease, Sketch & Legal Description, Property Owner
Affidavit
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SUNDAY N0YEM8E012L1t0 I NEIGHBORS I23NE
MIAMIHEAALD.COM
`11/`1,I B E' `C HCITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
ORDINANCES AMENDING: 1)THE ZONING DISTRICT CLASSIFICATION;2)THE FUTURE LAND USE MAP(FLUM)OF
THE MIAMI BEACH COMPREHENSIVE PLAN;AND 3)THE LAND DEVELOPMENT REGULATIONS(LDR)
FOR PROPERTIES THAT FRONT THE WEST SIDE OF ALTON ROAD AND THE JULIA TUTTLE CAUSEWAY
FOR THE 4000 ALTON ROAD EXPANSION
(4000 ALTON ROAD, FRONTING 41ST STREET/I-195)
NOVEMBER 18,2020 CITY COMMISSION MEETING
As society returns to a"new-normal,"the City of Miami Beach will host a hybrid Commission meeting on November 18,2020.The Mayor and at least four Commissioners will be physically present
in a socially distanced manner at the Commission Chamber,Third Floor.City Hall,1700 Convention Center Drive,Miami Beach,Florida.(Note that this location is subject to change,please contact
the Office of the City Clerk for possible updates.)Members of the public may comment on any item on the agenda using the Zoom platform.Members of the public wanting to participate virtually may
do so via video conferencing.To participate or provide comments virtually,the public may join the City Commission Meeting at:httpsilmiamibeach8-gov.zoom.usf1I86076255237 or via telephone at:
1.301.715.8592(U.S.)or 877.853.5257(Toll Free).The Webinar ID is:860762552379.Members of the public wanting to virtually speak on an item during the City Commission Meeting,must click the
'raise hand'icon if using the Zoom app or press'9 on the telephone to raise their hand.
NOTICE IS HEREBY GIVEN that the following Second Readings/Public Hearings will be heard by the Mayor and City Commissioners of the City of Miami Beach,Florida.on November 18,2020
at the following times,or as soon thereafter as the matter can be heard:
5:01 o.m.Second Reading Public Heartpp
4000 ALTON ROAD EXPANSION-REZONING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING THE OFFICIAL ZONING DISTRICT MAP,REFERENCED IN SECTION 142-
72 OF THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL LOCATED ABUTTING 4000 ALTON ROAD AND
FRONTING 41ST STREET/INTERSTATE 195,FROM THE CURRENT ZONING CLASSIFICATION OF GU,'GOVERNMENTAL USE,'TO THE PROPOSED ZONING CLASSIFICATION OF RM-2.
"RESIDENTIAL MULTIFAMILY,MEDIUM INTENSITY:"AND PROVIDING FOR CODIFICATION;REPEALER;SEVERABILITY;AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to
Section 118.164 of the City's Land Development Code.Inquiries may be directed to the Planning Department at 305.673.7550.
5 g2 o.m.Second Readlna Public Hearing
4000 ALTON ROAD EXPANSION-FLUM I COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,PURSUANT TO THE PROCEDURES IN SECTION 163.3187,FLORIDA STATUTES,TO
AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN,BY CHANGING THE DESIGNATION FOR THE PARCEL LOCATED ABUTTING 4000 ALTON ROAD
AND FRONTING 41ST STREETIINTERSTATE 195,FROM THE CURRENT DESIGNATION OF PF,'PUBLIC FACILITY:GOVERNMENT USE,'TO THE PROPOSED DESIGNATION OF RM-2,
'RESIDENTIAL MULTIFAMILY,MEDIUM INTENSITY;'PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN;REPEALER;SEVERABILITY:AND AN EFFECTIVE DATE.This Ordinance
is being heard pursuant to Section 118-166 of the City's Land Development Code.Inquiries maybe directed to the Planning Departmental 305.673.7550.
5:03 o.m.Second Reading Public Hearing
4000 ALTON ROAD—LDR AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH,AT SUBPART B,ENTITLED.
"LAND DEVELOPMENT REGULATIONS,"BY AMENDING CHAPTER 142 OF THE CITY CODE,ENTITLED°ZONING DISTRICTS AND REGULATIONS,"ARTICLE II,ENTITLED'DISTRICT
REGULATIONS,"DIVISION 3, ENTITLED 'RESIDENTIAL MULTIFAMILY DISTRICTS,'SUB-DIVISION IV,ENTITLED"RM-2 RESIDENTIAL MULTIFAMILY,MEDIUM INTENSITY,"CREATING
SECTION 142-220,ENTITLED,'ADDITIONAL REGULATIONS FOR PROPERTIES THAT FRONT THE WEST SIDE OF ALTON ROAD AND THE JULIA TUTTLE CAUSEWAY,'TO CREATE ZONING
REGULATIONS FOR PROPERTIES LOCATED WITHIN SUCH AREA;PROVIDING FOR CODIFICATION;REPEALER;SEVERABILITY;AND AN EFFECTIVE DATE.This Ordinance is being heard
pursuant to Section 118-164 of the City's Land Development Code.Inquiries maybe directed to the Planning Department at 305.673.7550.
INTERESTED PARTIES are Invited to take part In this meeting or be represented by an agent.The public may submit written comments by sending an email to:CItyClerk@miamibeachfl.gov by
5:00 p.m.the day before the City Commission Meeting.Please identity the Agenda Item Number In the entail subject line.Emails received will be forwarded to the Mayor and Commissioners and will
be included as a part of the meeting record.
Copies of Agenda Items are available for public inspection at:htips:/Iwtwv.miamibeadh0.govlcity-hall/city-derldagenda-archive-main-page-2I.This meeting,or any item therein,may be continued,
and under such circumstances,additional legal notice need not be provided.
Pursuant to Section 285.0105,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 alternate format,sign language interpreter(five-day notice required),information on access tor persons with disabilities,and/or any accommodation to review any
document or participate in any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish,then option 6;TTY users may call via 711(Florida Relay Service).
The City Commission Meeting will be broadcast live on Miami Beach TV(MBTV),viewable on the City's website at hltps:llwww.miamtbeach8.govlgovernment/mbtv/,as well as on Atlantic Broadband
Cable channel 660,AT&T U-verse channel 99,Hotwire Communications channel 395,and ROKU device on PEG.TV channel,and on social media at haps:Uwww.facebook.comlcityofmiamibeach.
Rafael E.Granado,City Clerk
• City of Miami Beach
CityClerk @mia mlbeach0.gov
305.673.7411
Ad 11182020-01 . _
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