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
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* *
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:
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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,
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
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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
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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
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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