2016-3992 Ordinance CD-2 HEIGHT FOR MIXED-USE ON ALTON ROAD
ORDINANCE NO 2016-3992
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II "DISTRICT
REGULATIONS", DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-INTENSITY
DISTRICT," AT SECTION 142-306, "DEVELOPMENT REGULATIONS," BY
INCREASING THE MAXIMUM PERMITTED HEIGHT FOR PROPERTIES ON
THE WEST SIDE OF ALTON ROAD FROM 6TH STREET TO COLLINS
CANAL PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach recognizes the unique character of the mix of
uses and parking demand on Alton Road, thus establishing the Alton Road Parking District
(Parking District No. 6); and
WHEREAS, the land development regulations already provide that the setback and
floor area regulations for mixed-use projects in the CD-2 zoning district be the same as the RM-
2 zoning district; and
WHEREAS, the RM-2 zoning district provides a maximum height of 60 feet; and
WHEREAS, the City desires to amend Chapter 142, Article II, Division 5 "CD-2,
Commercial, Medium-Intensity District", at Section 142-306, "Development Regulations" to
increase the height within the CD-2 along the West side of Alton Road from 6th Street to Collins
Canal from 50 to 60 feet, but not increasing the number of stories allowed in the district; and
WHEREAS the Planning Board, at its meeting dated November 24, 2015 by a vote of 5-
1 recommended in favor of the Ordinance; 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. Chapter 142, "Zoning Districts And Regulations," Article II, "District
Regulations", Division 5, "CD-2, Commercial, Medium-Intensity District," at Section 142-306,
"Development Regulations," is hereby amended as follows:
Sec. 142-306. - Development regulations.
The development regulations in the CD-2 commercial, medium intensity district are as
follows:
Maximu Minimum Minimum Minimum Average Maximum Maximu
m Floor Lot Area Lot Width Apartment Apartment Building m
Area (Square (Feet) Unit Size Unit Size Height Number
Ratio Feet) (Square (Square Feet) (Feet) of
Feet) Stories
1.5 Commerci Commerci Commercial Commercial 50 (except as 5 (except
al—None al—None —N/A —N/A provided as
Residenti Residential New New in section provided
al-7,000 —50 construction construction . 142-1161). in section
—550 —800 Self-storage 142-1161)
Rehabilitate Rehabilitated warehouse - Self-
d buildings— 40 feet, storage
buildings— 550 except that warehous
400 Non-elderly the building e: 4
Non-elderly and elderly height shall
and elderly low and be limited to
low and moderate 25 feet within
moderate income 50 feet from
income housing: the rear
housing: See section property line
See section 142-1183 for lots
142-1183 Hotel units— abutting an
Hotel unit: N/A alley; and
15%: within 60 feet
300-335 from a
85%: 335+ residential
For district for
contributing blocks with
hotel no alley._
structures,
located Mixed-Use
within a and
local Commercial
historic Buildings that
district or a include
national structured
register parking for
district, properties
which are located on
being the west side
renovated of Alton Road
in from 6th
accordance Street to
with the Collins Canal
Secretary of –60 feet.
the Interior
Standards
and
Guidelines
for the
Rehabilitati
on of
Historic
Structures
as
•
amended,
retaining
the'existing
room
configuratio
n shall be
permitted,
provided all
rooms are a
minimum of
200 square
feet.
Additionally,
existing
room
configuratio
ns for the
above
described
hotel
structures
may be
modified to
address
applicable
life-safety
and
accessibility
regulations,
provided
the 200
square feet
minimum
unit size is
maintained.
SECTION 2. 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 3. 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 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.
f
PASSED AND ADOPTED this a7 day of T Hu 2e
Philip "vin; "or
i
ATT
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Raf=el E.' nado, C y Clerk , �,,,...�s-.� -
0 �S * APPROVED AS TO FORM
INCORP ORATED: AND LANGUAGE
FOR EXECUTION
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L.4;: ; : �=Sy City Attorney Date
First Reading: January 13, 2016
Second Reading: January 27, 2016
Verified By: 01"
Thomas R. Mooney, AICP
Planning Director
Underline = new language
gh = deleted language
(Sponsored by Commissioner Joy Malakoff)
T:\HGENDA\2016\January\Planning Jan 27\Alton Road CD2 Heights-SECOND Reading ORD.docx
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance proposing to amend the CD-2, Commercial, Medium-Intensity District, regulations by
increasing the maximum permitted height for properties on the west side of Alton Road from 6th Street
to Collins Canal.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
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 subject Ordinance would allow an increase in height from 50 feet to 60 feet for mixed-use and
commercial buildings that provide structured parking and are located on the west side of Alton Road
between 6th Street and the Collins Canal.
On September 9, 2015, the Land Use Committee discussed the item and recommended that an
Ordinance be referred to the Planning Board. On October 14, 2015, the City Commission referred the
item to the Planning Board.
On January 13, 2016, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the attached Ordinance at First Reading;
and 3) scheduled a Second Reading Public Hearing for January 27, 2016.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On November 24, 2015, the Planning Board transmitted the proposed ordinance amendment to the
City Commission with a favorable recommendation, and with a modification that it apply to both
commercial and mixed-use buildings. (Vote 5-1)
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.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Director A-.sis a t Cit Man. •er P'i ty Manager
T:\AGENDA\2016\January\Planning Jan 27\Alton Road CD2 Heights-SECOND Reading S .docx
MIAMIBEACH AGENDA ITEM, Rs-A
DATE 1--a7--
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
CO, MISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City ! ommission
FROM: Jimmy L. Morales, City Manager I
DATE: January 27, 2016 SECOND READING — PUBLIC HEARING
SUBJECT: Ordinance Amendment—CD-2 Height For Mixed-Use On Alton Road
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142 "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II "DISTRICT REGULATIONS",
DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-INTENSITY DISTRICT," AT
SECTION 142-306, "DEVELOPMENT REGULATIONS," BY INCREASING THE
MAXIMUM PERMITTED HEIGHT FOR PROPERTIES ON THE WEST SIDE OF
ALTON ROAD FROM 6TH STREET TO COLLINS CANAL PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On July 8, 2015, at the request of Commissioner Joy Malakoff, the City Commission referred this
item to the Land Use and Development Committee (Item C4F). On July 29, 2015, the Land Use
Committee continued the item to September 9, 2015.
On September 9, 2015, the Land Use Committee discussed the item and recommended that an
Ordinance be referred to the Planning Board. On October 14, 2015, the City Commission referred
the item to the Planning Board (Item R9I).
ANALYSIS
Currently, all new construction within CD-2 districts along the west side of Alton Road from 6th
Street to Collins Canal is limited to 50 feet in height. At the September 9, 2015 Land Use
Committee meeting, representatives of the property owner at 1698 Alton Road made a
presentation to the Committee regarding a proposed increase of ten in the overall height limit for
mixed-use projects providing structured parking on the west side of Alton Road between 6th Street
and Collins Canal. The following is a summary of the proposal made to the Committee:
• The ordinance should only apply to properties in non-historic districts and not in the Alton Road
buffer overlay, so the properties on the east side of Alton Road(which are in the Flamingo Park
Historic District) should not be affected.
Commission Memorandum
Ordinance Amendments—CD-2 Height For Mixed-Use On Alton Road
January 27, 2016 Page 2 of 2
• The proposal will not increase floors/stories (this would remain at five stories) and will not
increase FAR- simply an additional 10 feet in height.
• The properties here are CD-2 which already permit RM-2 FAR and setbacks for properties
containing at least 25% residential uses. The additional 10 feet in height is what is permitted in
RM-2 as well.
• The extra 10 feet will be utilized in part to build projects to meet new sea level rise elevations.
The current code as written allows five functional stories at 50 feet. The amendment will allow
5 functional stories at 60 feet.
• Providing parking within the building (particularly when additional parking is provided beyond
the required amount) should be incentivized in the Alton Road parking District - instead of
pushing projects to have off-site parking.
The proposal to increase the maximum height for mixed-use buildings is not expected to have a
significant impact on the scale, context and character of the west side of Alton Road, as the CD-2
zones on the west side of Alton Road are adjacent to RM-1 (maximum allowable height of 50 feet)
and RM-2 zones (maximum allowable height of 60 feet). Additionally, any future development
proposal would still be subject to Design Review Board (DRB) approval, as well as Planning Board
approval if the development project exceeds 50,000 square feet in size.
PLANNING BOARD REVIEW
On November 24, 2015, the Planning Board transmitted the proposed ordinance amendment to the
City Commission with a favorable recommendation. The Planning Board also recommended that
the proposed Ordinance apply to both commercial and mixed-use buildings, and from 6th Street to
Collins Canal. The recommendations of the Planning Board have been incorporated into the text of
the proposed Ordinance.
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 City Administration evaluated the long term economic impact
(at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to
have a negative fiscal impact upon the City.
UPDATE /SUMMARY
The subject Ordinance was approved at First Reading on January 13, 2016.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/SMT/TRM/RAM
T:WGENDA\2016\January\Planning Jan 27\Alton Road CD2 Heights-SECOND Reading MEM.docx
8A I Local&State I miialltaitraltb I NEaATor
MIAM I BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE LAND
DEVELOPMENT REGULATIONS - CD-2 HEIGHT
FOR MIXED-USE ON ALTON ROAD
NOTICE IS HEREBY given that a Second Reading/Public Hearing Will be heard
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 January 27,2016 at 5:01 p.m.,or as soon thereafter as
the matter can be heard,to consider::
CD-2 Height For Mixed-Use On Alton Road
An-Ordinance Amending The Land Development Regulations Of The City Code;
By Amending Chapter 142"Zoning Districts And Regulations;'Article I I"District
Regulations`, Division 5, "CD-2, Commercial, Medium-Intensity District; At
Section 142-306, "Development Regulations; By Increasing The Maximum
Permitted Height For Properties On The West Side Of Alton Road From
6'4 Street To Collins Canal Providing For Codification; Repealer; Severability;
And An Effective Date.
Inquiries may be directed to the Planning Department at 305673.7550.
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, 1700 Convention Center Drive, 1st Floor, City
Hall, Miami Beach, Florida 33139.This item is available for public inspection
during normal business hours in the Office of the City Clerk, 1700 Convention
Center Drive, 1s'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 bylaw.
To request this material in alternate format,sign language interpreter(five-day
notice required),information on access for 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).
Rafael E. Granada,City
Clerk
City of Miami Beach
Ad 1120
Publish Thursday,January 14,_2016, in The Miami Herald Beach Neighbors
THURSDAY IMAM i4 MI6 NEIGFIBORS I 17NE
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE LAND
DEVELOPMENT REGULATIONS - CD-2 HEIGHT
FOR MIXED-USE ON ALTON ROAD
NOTICE IS HEREBY given that a Second Reading/Public Hearing will be heard
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 January 27,2015 at 5:01 p.m.,or as soon thereafter
as the matter can be heard,to consider:
CD-2 Height For Mixed-Use On Alton Road
An Ordinance Amending The Land Development Regulations Of The City
Code, By Amending Chapter 142 "Zoning Districts And Regulations,"
Article II "District Regulations", Division 5, "CD-2, Commercial, Medium-
Intensity District," At Section 142-306, "Development Regulations," By
Increasing The Maximum Permitted Height For Properties On The West Side Of
Alton Road From 6"' Street To Collins Canal Providing For Codification;
Repealer;Severability;And An Effective Date.
Inquiries may be directed to the Planning Department at 305.673.7550.
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, 1 700 Convention Center Drive,
1st Floor, City Hall, Miami Beach, Florida 33139. This item is available for
public inspection during normal business hours in the Office of the City
Clerk, 1700 Convention Center Drive, 1st 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 alternate format,sign language interpreter(five-day
notice required),information on access for 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).
Rafael E.Granada,City Clerk
City of Miami Beach
Ad 1120