HomeMy WebLinkAboutOrdinance 2023-4565 Alton Road Office Height Overlay —Transient Use and Overlay Exceptions
ORDINANCE NO. 2023-4565
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," SECTION 7.2.11, "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," BY AMENDING SECTION 7.2.11.10
"ALTON ROAD OFFICE DEVELOPMENT OVERLAY (CD-2)," TO
INCLUDE CERTAIN EXCEPTIONS FOR DEVELOPMENTS LOCATED
BETWEEN LINCOLN ROAD AND 17T" STREET; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, economic trends indicate that demand has increased for Class A office space
within the City, as businesses continue to relocate from other states to Florida and, more
specifically, to Miami Beach; and
WHEREAS, office development marketed as "Class A" tends to require greater floor-to-
ceiling heights than other classes of office space; and
WHEREAS, the development of Class A office space will promote the growth,
diversification, and resiliency of the City's economy; and
WHEREAS, the Alton Road corridor is an appropriate area for Class A office space due
to its accessibility to the regional transportation network; and
WHEREAS, the proposed changes are necessary to promote the development of Class
A office space within the City; 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 7, entitled "Zoning Districts and Regulations, Article II, entitled "District
Regulations," at Section 7.2.11, "CD-2 Commercial, Medium Intensity District," is hereby
amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
7.2.11. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
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7.2.11.10 Alton Road Office Development Overlay (CD-2).
a. Location and Purpose (Alton Road Office Development Overlay CD-2).
The Alton Road office development overlay includes the parcels on the west side of Alton Road,
between 81h Street and 11th Street, and between 14th Street and 17th Street(MAP EXHIBIT-20).
b. Development Regulations (Alton Road Office Development Overlay CD-2).
Voluntary office height incentive program. The following regulations shall apply to developments
within the Alton Road office development overlay that are proposed to be constructed at a height
that exceeds 60 feet:
i. Minimum office requirement. The development shall consist solely of office use above the
ground level of the structure; provided, however, that residential uses, but not hotel units, may
be permitted on such properties up to a maximum FAR of 2.0, pursuant to Section 7.2.11.3.a
(Development Regulations Table: Floor Area Ratio), but only if, at a minimum, the floor area
associated with an FAR of 1.5 is dedicated to office use and ground floor commercial use.
ii. Covenant. New development may only be eligible for the voluntary office height incentive
provided in this Section 7.2.11.10.ii if the property owner elects, at the owner's sole discretion,
to voluntarily execute a restrictive covenant running with the land, in a form approved by the
City Attorney, affirming that,for a term of 30 years, none of the residential units on the property
shall be leased or rented for a period of less than six (6) months and one day.
iii. Ground level activation. The ground level of the building shall consist of active retail,
restaurant, personal service or similar uses. Office uses, including, but not limited to,
professional offices, banks, and financial services, shall not be permitted at the ground level.
A lobby may be permitted at the ground level for access to upper floors.
iv. Clear pedestrian path. The applicable standards for a "clear pedestrian path," as
established in Sections 7.1.2.2.e.ii.1 and 2, shall apply to new development under this section,
except as follows:
1. The clear pedestrian path shall be at least 10 feet wide.
2. The design review board may approve a reduction of the clear pedestrian path
requirement to no less than a width of 5 feet in order to accommodate street trees, required
utility apparatus, or other street furniture, subject to the design review criteria.
v. Height. Notwithstanding the requirements of Section 7.2.11.3.a, the maximum building
height shall be 75 feet for development permitted under this voluntary office height incentive
program. Additionally, all portions of the building above 60 feet in height shall be set back a
minimum of 20 feet from the rear property line.
vi. Height exceptions. In general, rooftop elements that are exempt from a building's height
calculations shall be located in a manner to minimize visual impacts on predominant
neighborhood view corridors as viewed from public rights-of-way and waterways. The height
regulation exceptions contained in Section 7.5.2 shall not apply to the Alton Road office
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development overlay. Instead, only the following rooftop elements shall be excluded from a
building's maximum height and, unless otherwise specified, such elements shall not exceed
a height of 10 feet above the main roof of the structure:
1. Roof-top operational and mechanical equipment. This exception shall be limited to
essential, non-habitable, building elements such as mechanical rooms/devices, air
conditioning and cooling equipment, generators, electrical and plumbing equipment, as
well as any required screening. The height of such elements shall not exceed 25 feet
above the roof slab.
2. Roof-top elevator towers, including code required vestibules, and stair towers, with the
height of such structures not exceeding 25 feet above the roof slab. Projecting overhangs
at the doorways to elevator vestibules and stair towers required by the Florida Building
Code may be permitted, provided the projection does not exceed the minimum size
dimensions required under the building code.
3. Satellite dishes, antennas, sustainable roofing systems, solar panels and similar
elements. Such elements shall be set back a minimum of 15 feet from the roof parapets
on street-facing facades.
4. Decks located more than 6 inches above the top of the roof slab, and not exceeding 3
feet above the roof slab, may be permitted provided the deck area is no more than 50
percent (50%) of the enclosed floor area immediately one floor below.
5. Rooftop areas that are accessible only to the owners or tenants of office or residential
units may have trellises, pergolas or similar structures that have an open roof of cross
rafters or latticework. Such structures shall not exceed a combined area of 20 percent
(20%) of the enclosed floor area immediately one floor below and shall be set back a
minimum of 15 feet from the roof parapets on street-facing facades.
6. Parapets shall not exceed 4 feet in height above the main roof.
7. Exterior speakers required to meet applicable requirements of the life safety or building
code. vii. Outdoor uses and special events. Commercial uses of any kind, including, but
not limited to restaurants, bars and entertainment, as well as special events of any kind,
shall be prohibited within any outdoor areas above the ground floor.
viii. Outdoor mechanical equipment. Any outdoor mechanical equipment located above the
ground floor including, but not limited to, air conditioning equipment, cooling towers,
compressors and generators shall be fully screened with sound attenuating materials on all
sides.
ix. Notwithstanding the foregoing, within a unified development that is located between Lincoln
Road and 17th Street, the provisions of subsections (b)(i)through (viii) shall not be applicable
to any buildings existing prior to January 1, 2023. Residential and hotel units may be permitted
in buildings existing prior to January 1, 2023: however, the floor area associated with an FAR
of 1.5 for any unified development site shall consist solely of office use and ground floor
commercial.
x. Sunset provision. The development regulations in this Section 7.2.11.10 shall only apply to
projects that have obtained a full building permit on or before December 31, 2031.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith 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 re-numbered or re-lettered 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 a� day of y , 2023.
ATTEST:
Dan Gelber, Mayor
/ AUG 15 2023 APPROVED AS TO
FORM AND LANGUAGE
Rafael E. Granado, City Clerk & FOR EXECUTION
First Reading: June 28, 2023
Second Reading: July 26 20 3 City Attorney �k Date
Verified By: E3
Thomas R. Mooney, AICP
Planning Director :
/* INCORP ORATED
NCH 261 N°'
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ADOPTED.docx
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Ordinances - R5 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 26, 2023
3:10 p.m. Second Reading Public Hearing
SUBJECT: ALTON ROAD OFFICE HEIGHT OVERLAY — TRANSIENT USE AND
OVERLAY EXCEPTIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE 11,
"DISTRICT REGULATIONS," AT DIVISION 5, "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," SECTION 142-313 "ALTON ROAD
OFFICE DEVELOPMENT OVERLAY," TO INCLUDE CERTAIN
EXCEPTIONS FOR DEVELOPMENTS LOCATED BETWEEN LINCOLN
ROAD AND 17TH STREET: AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On February 22, 2023, at the request of Commissioner Laura Dominguez, the City Commission
referred the subject proposal (Item C4E) to the Land Use and Sustainability Committee
(LUSC). On April 19, 2023, the LUSC discussed the proposal and recommended that the City
Commission refer an ordinance to the Planning Board. On April 28, 2023, the City Commission
referred the proposed ordinance to the Planning Board (Item C4 B).
On July 28, 2021, the City Commission adopted Ordinance No. 2021-4436, which created the
Alton Road office development overlay. This overlay is inclusive of CD-2 zoned parcels on the
west side of Alton Road, between 8th Street and 11 th Street, and between 14th Street and 17th
Street.
The Alton Road office overlay established a voluntary office height incentive program and
allowed for an increase in maximum allowable building height from 60 feet up to 75 feet for
office development above the ground and parking levels of the structure. Additionally, residential
uses, but not hotel units or the short-term rental of apartment units, may be permitted up to a
maximum floor area ratio (FAR) of 2.0, but only if, at a minimum, the floor area associated with
an FAR of 1.5 is dedicated to office use and ground floor commercial use.
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The following is a summary of the office overlay regulations, which apply to an eligible project
seeking to construct a new office building at a building height of up to 75 feet:
1. The development shall consist solely of office use above the ground level of the structure;
residential uses, but not hotel units, may be permitted on such properties up to a maximum FAR
of 2.0, but only if, at a minimum, the floor area associated with an FAR of 1.5 is dedicated to
office use and ground floor commercial use. Additionally, the property owner must voluntarily
execute a restrictive covenant affirming that, for a term of 30 years, none of the residential units
on the property shall be leased or rented for a period of less than six months and one day.
2. The ground level of the building must consist of active retail, restaurant, personal service or
similar uses. Office uses, including, but not limited to, professional offices, banks, and financial
services, are not permitted at the ground level.
3. A clear pedestrian path at least ten feet wide is required for all portions of the project abutting
a public sidewalk.
4. More limited height regulation exceptions apply to any project in the overlay.
5. Commercial uses of any kind, including, but not limited to restaurants, bars and entertainment,
as well as special events of any kind, are prohibited within any outdoor areas above the ground
floor.
6. Any outdoor mechanical equipment located above the ground floor including, but not limited
to, air conditioning equipment, cooling towers, compressors and generators must be fully
screened with sound attenuating materials on all sides.
ANALYSIS
The attached draft ordinance amends Section 142-313 of the Land Development Regulations
of the City Code (LDRs), pertaining to the Alton Road office development overlay. The
proposed amendment establishes an exemption for existing buildings that are part of a
development site that is located between Lincoln Road and 17th Street. This amendment would
permit a proposed new office development that seeks to utilize a maximum building height of 75
feet as part of the office overlay to form a unified site with existing, developed properties, and
for the existing buildings to be exempt from the overlay regulations.
By including existing buildings that already contain a hotel or residential component within a
larger unified site, new construction can utilize more office space as the allowable residential or
hotel bonus FAR of .5 is part of the existing buildings. As such, the proposed legislation allows
for additional office space within a proposed new project site, while not exceeding the overall
maximum FAR of the CD-2 zoning district.
As currently drafted, the proposal only allows existing buildings (constructed prior to January 1,
2023), to be exempt from the office overlay regulations, which are summarized above. Any new
construction within the office overlay will still be subject to all applicable overlay regulations,
including the prohibition on transient uses.
The increase in height from 60 feet to 75 feet for office uses in the overlay was for the purpose
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of allowing greater floor to ceiling space within the interior of the office levels of a new building.
Under a height limit of 60 feet, it is challenging for office levels to have more than 11 feet to 12
feet of interior height, since portions of the overall allowable height are used up by ground level
commercial and parking levels. In addition to incentivizing more Class A office space, the
requirements of the Alton Road office overlay, including the prohibition on transient uses, are
intended to promote and foster long term residential housing, as part of new office uses. The
height allowance of up to 75 feet was also an incentive for more long term, and potentially
attainable housing.
Although the proposal herein creates an exception for provisions related to transient uses, as
well as other benchmarks including first floor activation, height exceptions and roof-top uses, the
exception is narrowly limited to existing buildings, which did not utilize the overlay standards in
the first place. Additionally, the proposal is restricted to the one block area north of Lincoln
Road, and would result in more office space, which is also a long-term goal of the city,
particularly along the Alton Road corridor.
PLANNING BOARD REVIEW
On May 23, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-1).
UPDATE
The subject ordinance was approved at First Reading on June 28, 2023, with no changes.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
South 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 Laura Dominguez
ATTACHMENTS:
Page 898 of 1588
Description
❑ Ordinance
Page 899 of 1588