Ordinance 2020-4374 4000 Alton Road — LDR Amendments
ORDINANCE NO. 2020-4374
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; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote
the public health, safety and general welfare of its citizens; and
WHEREAS, on or about March 7, 2018, the Mayor's 41st Street Blue Ribbon
Committee (the "Committee") was formed; and
WHEREAS, on March 23, 2018, the Committee discussed and recommended goals
and objectives for the 41st Street corridor, including improving the quality of life through multi-
modal transportation design, community engagement, an overall vision for 41st Street as the
main entrance/gateway to Mid-Beach, storefront revitalization and façade incentives,
assessment of current public works, infrastructure improvements, and a focus on key
opportunities and challenges; and
WHEREAS, on July 31, 2018, 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 area of the City subject to this Ordinance is uniquely situated as an
"island" of land, at the crossroads of three major roadways (I-195/Julia Tuttle Causeway, 41st
Street, and Alton Road), and at the entrance to Miami Beach; and
WHEREAS, the proposed zoning regulations include modified setback regulations to
reflect the unique nature of the subject area; and
WHEREAS, the proposed zoning regulations will incentivize development that is set back
from neighboring residents, and located more closely towards the Interstate 195/Julia Tuttle
Causeway entrance to Miami Beach; 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," at Article II, entitled "District
Regulations," at Division 3, entitled "Residential Multifamily Districts," of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE II
DISTRICT REGULATIONS
* * *
DIVISION 3
RESIDENTIAL MULTIFAMILY DISTRICTS
* * *
SUBDIVISION IV
RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY
* * *
Sec. 142-220-Additional regulations for properties that front the West Side of Alton Road
and the Julia Tuttle Causeway.
The following regulations shall apply to properties that front the west side of Alton Road and
that front 41st Street/Interstate 195. In the event of a conflict within this division, the following
regulations shall control:
(1) The setback requirements shall be as follows:
Rear Pedestal: 10 feet*
Tower: 15 feet*
Side Pedestal: 10 feet*
Tower: 15 feet*
*Notwithstanding the allowable prolection regulations in Section 142-1132,
exterior unenclosed private balconies and ornamental features may project 50%
into a required yard.
(2) The regulations for new construction provided in Section 142-219(1) shall only apply to
the eastern frontage of a building, along Alton Road. However,the requirement provided
in Section 142-219(1) for the eastern frontage along Alton Road shall not apply to a
structure that is set back 50 feet or more from Alton Road.
(3) The regulations set forth in this section shall only apply to those properties that are larger
than 60,000 square feet in size as of the effective date of this Ordinance.
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.
PASSED AND ADOPTED this i day of NOW/vier , 2020.
Dan Gelber, Mayor
ATTES
Rafael . G'ador Ci lerk
� �1 a�1s
Y
APPROVED AS TO FORM
IINCORP ORATED = AND LANGUAGE
.••••;:?/ AND FOR EXECUTION
,,.��1OH 2
Z6
City Attorney , \j Date
First Reading: October la, 20 0 �V
Second Reading: I•.vemb-r 18, P,IP0
Verified by:
Thomas R. Mooney, A ICP
Planning Director
T:\Agenda\2020\10 October 14\Planning\4000 Alton Road-LDR Regulations-First Reading ORD.docx
Ordinances -R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 18, 2020
5:03 p.m. Second Reading Public Hearing
SUBJECT: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.
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
Page 460 of 1430
On March 5, 2014 the City Commission approved a request is to amend the Future Land Use
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.
On February 12, 2014, the City Commission adopted ordinance 2014-3839, which increased
the height limit from 60 feet to 85 feet for the area fronting the west side of Alton Road between
Arthur Godfrey Road and West 34th Street(Talmudic University site). This was a companion to
the aforementioned future land use map and zoning map amendments and was intended to
facilitate the development of a vacant area on the Talmudic University site, as well as to fund
improvements to the site. On March 4, 2014, the Design Review Board (DRB) approved the
development of an 8-story, 72-unit, residential building;this project was never constructed.
In 2015, a private application was filed by the current proposer, to increase the maximum
allowable height on the site from the existing 8 stories / 85 feet to 15 stories / 150 feet. The
Planning Board did not recommend in favor of this height increase and the administration
recommended denial when the proposal came before the City Commission. The applicant
subsequently withdrew the application and it did not move forward.
The current owner of the vacant parcel on the south side of the site, "M 4000 Alton Owner LLC
c/o 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.
In 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 BOARD REVIEW
Pursuant to the referral of the item by the City Commission on May 13, 2020, the following is a
summary of the proposed LDR amendments considered by the Planning Board on August 25,
2020:
Page 461 of 1430
1. Increase the maximum building height from 85 feet to 140 feet.
2. Increase the height of allowable height exceptions from 20 feet to 30 feet.
3. Structures exceeding 85 feet in height will have a minimum setback of 100 feet from Alton
Road.
4. Establish rear and side setbacks of 10 feet; however, habitable encroachments and
decorative features may encroach into the setback up to 5 feet, above a height of 15 feet.
5. Establish a maximum floor plate size for the tower portion of the building of 30,000 square
feet; however, the Design Review Board (DRB) may increase to 45,000 square feet in
accordance with design review criteria
6. Provide that the residential liner requirement for floors containing parking only apply to the
frontage facing Alton Road.
7. Require that new development install green infrastructure, such as bioswales, permeable
pavements, and native vegetation to manage stormwater. It also requires that 100 percent of its
own irrigation be through the installation of a cistern or other best practices.
8. Provide that the benefits of the ordinance only be available on sites that are over 60,000
square feet as of the adoption date of the ordinance.
The item was first 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 LDR
Amendments ordinance to the City Commission with an unfavorable recommendation by a vote
of 6-0. The Planning Board members expressed concern with the proposed increase in height,
and the lack of compatibility with the immediate area.
PLANNING ANALYSIS
Since the review of the proposal by the Planning Board on August 25, 2020, MAST has re-
studied and substantially modified the proposed LDR amendments, including the removal of the
proposed increase in building height. The revised proposal is now limited to revised setback,
balcony encroachment and parking liner regulations for properties that front the west side of
Alton Road, as well as the Julia Tuttle Causeway. The following is a summary of the revised
scope of the proposed LDR amendments:
Setbacks
• Rear Pedestal: 10 feet*
• Rear Tower: 15 feet*
• Side Pedestal: 10 feet*
• Side Tower: 15 feet*
Allowable Encroachments
Page 462 of 1430
• Exterior unenclosed private balconies and ornamental features may project up to 50% into the
required yard.
Parking Liner
• There shall be no parking liner requirement along the rear and sides of the building.
• The liner requirement for the eastern frontage along Alton Road shall not apply to a structure
that is setback 50 feet or more from Alton Road.
The proposed LDR amendments are consistent with previously issued variances for the project
and reflect the unique configuration of the property.Additionally,these amendments allow for the
new building to achieve better separation from the existing Talmudic University structure and
provide improved internal circulation within the property. In view of the foregoing, the
administration is supportive of the proposed LDR amendment and recommends adoption.
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 FLUM and
Rezoning amendments, to the Planning Board for an advisory recommendation prior to second
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 O.O.
to Know" 'tem. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arcola
Page 463 of 1430
ATTACHMENTS:
Description
❑ Ordinance
❑ Ad
Page 464 of 1430
SUNDAY NOVEMBER IIO1O NEIGHBORS I I23"E
MIAMIHERAED.COM
ACITY OF MIAMI BEACH
r , l\A ! E AC L ° 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:https:llmiamibeach0-gov.zoom.usfil86076255237 or via telephone at:
1.301.715.8592(U.S.)or 877.853.5257(Toll Free).The Webinar ID is:860752552371.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:
;;:01 a.m.Second Readina Public Hearing
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.
1:02 a.m.Second Readina 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 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.This Ordinance
is being heard pursuant to Section 118-166 of the City's Land Development Code.Inquiries may be directed to the Planning Department at 305.673.7550.
;:03 a.m.Second Readlna Public Herring
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 ll,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 305.673.75513
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:CltyCler cI miamibeachfl.gov by
5:00 p.m.the day before the City Commission Meeting.Please Identify the Agenda Item Number in the email subject tine.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:https://www.miamibeachfl.gov/city-hall/city-derk/agenda-archive-main-page-2/.This meeting,or any item therein,may be continued,
and under such circumstances,additional legal notice need not be provided.
Pursuant to Section 265.01 05,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 vie 711(Florida Relay Service).
The City Commission Meeting will be broadcast live on Miami Beach TV(MBTV),viewable on the City's website at hllps:/lwww.miamibeachfl.gov/government/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 https:I/www.facebook.comlcityofmiamibeach.
Rafael E.Granado,City Clerk
City of Miami Beach
CityClerk@mia mibeach0.gov
305.673,7411
Ad 11182020.01
•
Page 468 of 1430