R5C-Alton Road Historic District Buffer OverlayCOMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment creating an Historic District Overlay Buffer for the
east side of the Alton Road corridor between 6th and 11 1h Streets, 14th and 151h Streets and 1 ih Street
to the Collins Canal.
Key Intended Outcome Supported:
Maintain strong growth management policies.
1-=----:-~-:::--:-----:cc:-----:=----:-------· ' .. --::-:-:---:-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 Summa /Recommendation:
FIRST AND ONLY READING
The proposed Ordinance would create an historic district overlay buffer for those portions of the Alton
Road corridor between 6th and 11th Streets, 14th and 151h Streets and 171h Street to the Collins Canal.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation: I On August 24, io1 0, the Planning Board transmitted the subject Ordinance to the City Commission
1 by a vote of 3-2.
Financial Information:
Source of Amount t Account
Funds: -1
" D 2
I
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---·· -··-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 By nature, a zoning district amendment does not have direct costs to the City, but it may
affect long term revenue from property tax, sales tax and other revenue streams. Although some
property owners have argued that the proposed overlay zoning will diminish their property values,
the Administration believes that this is claim is highly speculative, especially if the Administration's
alternate ordinance is adopted. The Administration's proposal would preserve all of the most
valuable development rights on each parcel, with the exception of removing the .5 bonus FAR for
residential use mixed with commercial uses. Since this is a bonus and not as-of-right floor area, it is
difficult to say whether any real development would be sacrificed. There are no existing buildings in
the district that have used this bonus. Counterbalancing any potential loss of development rights on
private property is the companion ordinance creating Parking District #6, which will reduce minimum
parking requirements thereby creating significant savings to private property owners in the cost of
providing parking spaces. This ordinance is also expected to generally enhance property values
throughout the neighborhood by permitting appropriately scaled in fill development and by
encouraging th~. dev~lopment of sm .. aller, locally oriented .!:Jusine_§ses. --·-·---.. -
City Clerk'~ Office Legislative Tracking_: --·-·--··---·
[ffichard L~rber or Thoma~ Moo~ey . ----·,
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Si n-Offs:
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MlAMlBEACH AGENDA JTEM B s c..
DATE h-S-t_3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Fiori do 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me
FROM Jimmy L. Morales, City Manager
DATE: June 5, 2013
FIRST AND ONLY READING
SUBJECT: Alton Road Historic District Buffer Overlay
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS,"
CREATING DIVISION 8 "ALTON ROAD -HISTORIC DISTRICT BUFFER
OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND
PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS,"
INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON MAXIMUM
FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM
SETBACKS; BUILDING SEPARATION;_DEMOLITION OR ADDITIONS TO
CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE
REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS,
BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE
APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND
PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT
ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS
PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
In the Summer of 2006 the Historic Preservation Board initiated the westward expansion
of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road
between 61h Street and 141h Street in order to protect the character of the adjacent
National Register Historic District as well as the historically significant but yet
unprotected properties along this stretch of Alton Road. It was noted by the board that
recent commercial development trends along Alton Road could significantly adversely
impact the quality of life and historic integrity of the National Register Historic District
thereby undermining the cultural tourism appeal and quality of life of the city.
At the same time the Historic Preservation Board requested the Planning Department to
initiate a major planning study of the Alton Road Corridor, including both sides of the
road between 51h Street and Michigan Avenue, which should include an analysis and
Commission Memorandum
Alton Road Buffer Overlay
June 2013 2 of 7
evaluation of existing uses and conditions, historically significant properties, permitted
building heights, allowable FAR, parking conditions and requirements, the efficacy of
current zoning, and the character of the public right-of-way with regard to pedestrian
amenities, convenient means of transit, and quality of landscape.
The board further requested that the Planning Department organize and advertise a
series of community planning workshops, inviting members of the Historic Preservation
Board and the Planning Board, in order to gain public input and insight from local
business owners and residents so that the Department might develop a comprehensive
set of planning and zoning recommendations for future development and preservation
along the corridor that would enable healthy future growth and development without
overwhelming or adversely impacting the historic character of the area.
On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008-
3592, expanding the boundaries of the Flamingo Park Historic District westward
expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the
Mayor and City Commission approved Ordinance No. 2008-3592, expanding the
boundaries of the Flamingo Park Historic District westward expansion to Alton Road
between 6 Street and 8 Street
The Planning Department conducted an analysis of existing conditions, issues and
opportunities in the Alton Road corridor and held a community planning workshop on
August 20, 2008 to receive community input on land use, zoning, business development,
parking, transit and pedestrian/bicycle amenities. On January 27, 2009, the Planning
Department presented preliminary findings and recommendations for the Alton Road
Neighborhood Planning Study to the Planning Board. On February 26, 2009, the
Planning Department and the Planning Board held a second community planning
workshop on the Alton Road Neighborhood Planning Study to receive community input.
Both community planning workshops were advertised by mailed notice to property
owners, newspaper notice, and City email newsletters.
On March 2, 2009, the Land Use and Development Committee adopted a motion
directing the Planning Department to prepare an ordinance that would rezone the east
side of Alton Road between 6 Street and 16 Street from the C0-2 district to the C D-1
district, and to review the uses and to the extent that there is a floor area incentive for
mixed-use buildings, require that the additional FAR be set aside for affordable or
workforce housing, and to refer the item to the Planning Board. On March 18, 2009, the
Mayor and City Commission discussed the motion from the Land Use and Development
Committee and clarified their intent to consider other options, including an overlay district
that would remove the floor area ratio incentive for mixed-use projects.
During the Planning Board meetings on April 21, 2009, May 26, 2009 and August 25,
2009, the Planning Department staff held additional detailed discussions with the Board
on the proposed zoning modifications for the east side of Alton Road in the Flamingo
Park Historic District. The proposed Alton Road-Historic District Buffer Overlay is the
result of those discussions.
On October 27, 2009, the Planning Board held a public hearing on the proposed overlay
district and heard testimony from residents who were unhappy with some aspects of the
draft ordinance. The Planning Board continued the hearing to the November 17 meeting
and asked staff to meet with the concerned residents to try to resolve their issues. The
Planning Department held two meetings with the residents on October 30 and November
9, 2009. The public hearing at the Planning Board meeting on November 17, 2009
resulted in several additional amendments to the proposed ordinance. The Planning
Commission Memorandum
Alton Road Buffer Overlay
June 5, 2013 __ P_a-=-ge 3 of ~-
Board recommended approval of the amended overlay district by a vote of 5 to 0.
Subsequently, the Administration made a determination that the amendments added to
the ordinance during the November 17 1h public hearing, specifically amendments dealing
with land use restrictions, may require a different type of notice to property owners than
was provided for the previous public hearings. To avoid any legal challenges, the overlay
district was brought back to the Planning Board in the same form as it was approved in
November, 2009, with 30-day notice mailed to all property owners in and within 375 feet
of the proposed overlay district.
On February 25, 2010, the Land Use and Development Committee discussed the
proposed Alton Road Historic District Buffer Overlay. The Committee recommended that
the ordinance be approved, and indicated that it does not need to come back to them
unless there is a major material change made by the Planning Board.
On April 27, 2010, the Planning Board held a second public hearing on the proposed
Alton Road Historic District Buffer Overlay district after the required 30-day mailed
notice. The Planning Board voted 5 -0 to recommend approval of the ordinance with
an amendment that deleted the "no variances" provision. Subsequently, at their meeting
on May 25, 2010, the Board voted 3 -2 to reconsider their recommendation and to
schedule the item for rehearing.
On August 24, 2010, the Planning Board held a third public hearing on the proposed
Alton Road Historic District Buffer Overlay district after the required 30-day mailed
notice. Based on objections from commercial property owners who were not present
during the first two hearings, the Board voted separately on each of several
amendments to the ordinance. Individual amendments that were approved by the
Planning Board have been incorporated into the ordinance. However, a final vote to
recommend approval of the entire ordinance, as amended, failed by a vote of 3-2 (four
affirmative votes are required to approve a request that requires City Commission
approval).
On November 1, 2010, the Administration hosted a meeting between attorneys
representing certain property owners who objected to the ordinance and representatives
from the neighborhoods in an attempt to forge a compromise on several limited points of
disagreement. As a result of that meeting, the Administration is proposing an alternate
version of the ordinance that we believe satisfies the most critical objections from both
sides; while at the same time it represents sound planning principles and the interests of
the city-at-large. A summary chart of the disputed issues and proposed changes to the
ordinance is enclosed as Attachment A, and each issue is discussed in the analysis
below.
On November 17, 2010, the ordinance was scheduled for first reading. The Mayor and
City Commission continued the first reading to the January 19, 2011 meeting and
referred the item to the Land Use and Development Committee for discussion. The
LUDC deferred the item on January 31, 2011, February 23, 2011, and April 21, 2011.
On May 18, 2011 the LUDC moved the ordinance to pending items based upon failure of
various stakeholders to agree on details of the proposed Alton Road Historic District
Buffer Overlay district. On January 23, 2013, the Ordinance was transmitted by the
Land Use Committee to the full City Commission with a favorable recommendation.
ANALYSIS
The purpose of the Alton Road -Historic District Buffer Overlay District is to minimize
Commission Memorandum
Alton Road Buffer Overlay
June 2013 4 of 7
the impacts of development along Alton Road on residential properties located in the
Flamingo Park Historic District and the Palm View Historic District. Specifically the
overlay district is intended to apply to properties zoned CD~2 Commercial Medium
Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in
designated local historic districts. The overlay district regulations are intended to achieve
a more compatible relationship of scale and massing between the Alton Road corridor
and the adjoining residential neighborhoods.
The locations of the proposed overlay district are as follows:
Area 1 includes those properties fronting on the east side of Alton Road from 6 Street to
11 Street. Existing zoning is CD-2 adjacent to RM-1 in the Flamingo Park Historic
District.
Area 2 includes those properties fronting on the east side of Alton Road from 14 Street to
15 Street. Existing zoning is CD-2 adjacent to RS-4 in the Flamingo Park Historic
District.
Area 3 includes those properties fronting on the east side of Alton Road from 17 Street to
the Collins Canal, except for the corner property adjacent to 17 Street. Existing
zoning is CD-2 adjacent to RS-4 in the Palm View Historic District.
The proposed ordinance limits the floor area ratio (FAR) to a maximum of 1.5 by
removing the existing bonus of .5 FAR for mixed-use buildings. This will make new
construction along Alton Road more compatible in scale and intensity with the adjoining
historic neighborhood zoned RM-1, which has existing buildings that range from 0.5 to
1.25 FAR with a few scattered sites over 1.25 FAR. During the planning process,
various alternatives were considered, including down-zoning from CD-2 to CD-1, which
has a maximum FAR of 1.0 with a mixed-use bonus of .25 FAR After much discussion
and analysis, it was ultimately decided that 1.5 FAR is suitable for Alton Road
development. This is based on many factors, including the importance of Alton Road as
a commercial corridor and the existing bus and potential future transit linkages (e.g. Bus
Rapid Transit). From an urban design viewpoint, the proposed overlay district forms a
gradual stepping up of the intensity from RM-1 on the residential neighborhood to the
east, to a maximum of 1.5 FAR on the east side of Alton Road, to a maximum of 2.0
FAR on the west side of Alton Road, to a maximum of 2.25 FAR (2.75 for large lots) on
the Bayfront in RM-3. However, it must be noted that FAR alone does not define the
building envelop that is necessary to assure compatibility with the historic district. The
height and setback regulations described below are also necessary to achieve this goal.
Another alternative that was discussed during the planning process was to keep a FAR
bonus for residential uses in a mixed-use building, but to make the bonus an incentive to
provide affordable or workforce housing. The Planning Board did not support this
recommendation due to their consensus to limit FAR to a maximum of 1.5.
The maximum building height in the Planning Board recommended ordinance is 43 feet
along Alton Road and a maximum of 23 feet in the rear portion of the lots within 50 feet
from the rear property line for lots abutting an alley (Lenox Court) and within 60 feet from
the RM-1 district for blocks with no alley between 8 Street and 11 Street. The 23 feet
height limit in the rear of the lots is based upon maintaining consistency with the
predominant 2-story height of existing buildings in the RM-1 district. For lots adjoining
single family districts, the 23 feet height limit will also ensure a compatible transition in
the rear portion of the commercial property. The administration has an alternative
recommendation for maximum building height of 50 feet along the front portion of the
lots fronting Alton Road and 28 feet in the rear portion of the lots. This change is based
upon information supplied by property owners concerning industry standards for
Commission Memorandum
Alton Road Buffer Overlay
June 2013 5 of 7
minimum ceiling heights in new retail, restaurant and office buildings. However, this
recommendation is subject to building separation requirements for larger site
development (see below) to prevent monolithic buildings at 50 feet height.
The building height limitations in the proposed overlay district are coupled with rear yard
setbacks to achieve the appropriate buffer between the RM-1/RS-4 districts and the C0-
2 district. Proposed minimum building setbacks in the rear yard are 25 feet for lots with
no alley and 5 feet for lots with an alley. The existing CD-2 and CD-1 zoning districts
have a 5 feet minimum rear setback irrespective of whether there is an alley (20 feet
width) to provide adequate separation between the buildings.
The overlay district proposes a minimum 5 feet setback on the front and side facing a
street. This is necessary to provide adequate pedestrian circulation space to support
alternative modes of transportation and sustain a vibrant commercial district.
The overlay district as amended by the Planning Board has no minimum interior side
yard setback, nor does it have provisions for building separation, lot aggregation or view
corridors on larger lot assemblages. Instead, the Planning Board version of the
ordinance contains language requiring architectural treatments on the fac;ades of
buildings to be reflective of the 50 feet wide lot development pattern that is predominant
in the historic district. This could be accomplished by such things as small variations in
setbacks, window placement, or vertical and horizontal design elements on the fac;ade,
subject to design review. This was the recommendation of the Planning Board in
November 2009 following extensive workshop discussions wherein the Planning
Department staff had recommended various formulas for requiring a complete physical
separation between adjacent buildings on the upper stories above ground level retail.
The intent was to prevent a continuous wall of 40-50 feet tall buildings that would be
inconsistent with the small lot development pattern of the historic residential
neighborhoods. The current recommendation from the Administration is retain the
language developed by the Planning Board with the clarification of "east and west"
facades, and to add a paragraph requiring building separation under limited
circumstances as follows: "Any development greater than 43 feet in height on a lot with
more than 150 linear feet of frontage along Alton Road shall have a separation between
all portions of the structure above a height of 28 feet, so that there is a minimum 15 feet
wide view corridor running from east to west at least every 150 linear feet along the
Alton Road corridor".
The overlay district contains 9 contributing buildings in the Flamingo Park Historic
District. Those contributing buildings are proposed to be subject to two of the same
conditions applied to historic buildings in the adjoining RM-1 zoning district. Those
include a prohibition on demolition of architecturally significant portions of the building
and prohibition of building within a historic courtyard.
Residents of the Flamingo Park neighborhood were concerned about impacts of noise
and traffic from intensive commercial uses. Therefore, the proposed overlay district
modifies the underlying CD-2 land uses in several ways. One of them is by prohibiting
retail uses, restaurants, bars, entertainment establishments and similar uses at any level
above the ground floor. An exception is provided for loft or mezzanine within the interior
of a ground floor commercial space, provided that the loft or mezzanine does not exceed
one third of the floor area of the store. Based upon objections from property owners, the
current Administration recommended ordinance deletes the language limiting the loft or
mezzanine to one third of the floor area, and replaces it with language permitting "a
second floor within a ground floor commercial space, if it functions as one single
contiguous establishment and is only accessible to the public through the contiguous
Commission Memorandum
Alton Road Buffer Overlay
June 5, 2013 --------------· ·---------------_Page 6 of 7_
ground floor commercial space." This would allow two full floors inside any given retail
store, similar to CB2 or Borders book stores, but it would not allow multilevel shopping
centers.
No alcoholic beverage establishment, entertainment establishment or restaurant may be
licensed as a main permitted or accessory use in any open area above the ground floor
(any area that is not included in the FAR calculations) or at ground level in any open
area within 125 feet of a residential district, except that residents of a multifamily
(apartment or condominium) building or hotel guests may use these areas, which may
include a pool or other recreational amenities, for their individual, personal use with
appropriate buffering as determined by the Planning Department or applicable land use
board with jurisdiction. No variance to this provision would be permitted.
In accord with the objective of encouraging locally oriented retail and service uses that
are compatible in scale and character with the historic districts, the overlay district
requires conditional use approval for any individual retail, restaurant, bar, entertainment
establishment or similar establishment in excess of a certain size threshold. The
Planning Dept. conducted a detailed survey of businesses in the Alton Road corridor and
determined that a threshold of 5,000 sq. ft. generally separates businesses that primarily
serve the neighborhood population from businesses that primarily serve the entire city
and beyond. To provide a generous margin of error, staff doubled the recommended
threshold to 10,000 sq. ft. for conditional use approval. The Planning Board changed the
conditional use threshold from 10,000 sq. ft. to 20,000 sq. ft. by a 4-2 vote at their
meeting on August 24, 2010, based upon objections from property owners. The
Administration's recommendation is to keep the original threshold of 10,000 sq. ft. per
establishment for conditional use approval based upon the analysis conducted by the
Planning Department.
A majority of the discussions during the community workshops and Planning Board
meetings centered upon the blocks between 6th and 11th Streets. However, it was
noted that there is an incompatible scale relationship between the CD-2 zoning district
and adjoining RS-4 single family zoning districts located in the 1400 block and the 1700
block. Down-zoning to CD-1 was considered for these two blocks, but the Planning
Department recommends that the proposed overlay district will provide a more effective
buffer than CD-1 due to the height and setback regulations in the overlay district. At their
August 24, 2010 meeting, the Planning Board voted 5-1 to remove lots 15 and 16 from
the overlay district (northeast corner of 17 Street and Alton Road).
PLANNING BOARD REVIEW
The Planning Board reviewed the proposed Ordinance on 3 separate occasions, as
noted hereto:
1. On November 17, 2009 the Board recommended approval by a vote of 5 to 0.
2. On April 27, 2010, the Board recommended approval by a vote of 5 to 0.
3. August 24, 2010, the Board transmitted the Ordinance by a vote of 3 to 2.
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 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. By nature, a zoning district
amendment does not have direct costs to the City, but it may affect long term revenue
from property tax, sales tax and other revenue streams. Although some property owners
have argued that the proposed overlay zoning will diminish their property values, the
Commission Memorandum
Alton Road Buffer Overlay
June 5, 2013 ---· Page 7_ of 7
Administration believes that this is claim is highly speculative, especially if the
Administration's alternate ordinance is adopted. The Administration's proposal would
preserve all of the most valuable development rights on each parcel, with the exception
of removing the .5 bonus FAR for residential use mixed with commercial uses. Since this
is a bonus and not as-of-right floor area, it is difficult to say whether any real
development would be sacrificed. There are no existing buildings in the district that have
used this bonus. Counterbalancing any potential loss of development rights on private
property is the companion ordinance creating Parking District #6, which will reduce
minimum parking requirements thereby creating significant savings to private property
owners in the cost of providing parking spaces. This ordinance is also expected to
generally enhance property values throughout the neighborhood by permitting
appropriately scaled infill development and by encouraging the development of smaller,
locally oriented businesses.
SUMMARY
The proposed ordinance was a companion item to the Alton Road Parking District No. 6
Parking District Ordinance. Ideally these two ordinances should be adopted together
because they support one another. However, the Administration believes that the Alton
Road Buffer Overlay Ordinance is valid as a standalone ordinance because it is based
on the preservation and planning principles described in this memo.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
(tL
JLM/JGG/RGL/TRM
T:IAGENDA\2013\June 5\Aiton Road Buffer Overlay-MEM 1st read docx
Alton Road Historic District Buffer Overlay
ORDINANCE NO. ____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS,"
CREATING DIVISION 8 "ALTON ROAD ·HISTORIC DISTRICT BUFFER
OVERLAY," BY INCLUDING SECTION 142·858 "LOCATION AND
PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS,"
INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON
MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT;
MINIMUM SETBACKS; BUILDING SEPARATION; DEMOLITION OR
ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT;
AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES,
RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS,
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES;
REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN
EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC
BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN
AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, in the summer of 2006, the Historic Preservation Board initiated the
westward expansion of the Flamingo Park Local Historic District to the east right-of-way line
of Alton Road between 6 Street and 14 Street, and requested the Planning Department to
initiate a major planning study of the Alton Road corridor, including both sides of the road
between 5 Street and Michigan Avenue, to include an analysis and evaluation of existing
uses and conditions, historically significant properties, permitted building heights, allowable
FAR, parking conditions and requirements, the efficacy of current zoning, and the character
of the public right-of-way with regard to pedestrian amenities, convenient means of transit,
and quality of landscape; and
WHEREAS, on January 1, 2008, the Mayor and City Commission approved
Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District
westward expansion to Alton Road between 8 Street and 14 Street; and
WHEREAS, the Planning Department conducted an analysis of existing conditions,
issues and opportunities in the Alton Road corridor and held a community planning
workshop on August 20, 2008 to receive community input on land use, zoning, business
development, parking, transit and pedestrian/bicycle amenities; and
WHEREAS, on January 27, 2009, the Planning Department presented preliminary
findings and recommendations for the Alton Road Neighborhood Planning Study to the
Planning Board; and
WHEREAS, on January 28, 2009, the Mayor and City Commission approved
Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District
westward expansion to Alton Road between 6 Street and 8 Street; and
WHEREAS, on February 26, 2009, the Planning Department and the Planning Board
held a second community planning workshop on the Alton Road Neighborhood Planning
Study to receive community input; and
WHEREAS, on March 2, 2009, the Land Use and Development Committee adopted
a motion directing the Planning Department to prepare an ordinance that would rezone the
east side of Alton Road between 6 Street and 16 Street from the C0-2 district to the CD-1
district, and to review the uses and to the extent that there is a floor area incentive for
mixed-use buildings, require that the additional FAR be set aside for affordable or workforce
housing, and to refer the item to the Planning Board; and
WHEREAS, on March 18, 2009, the Mayor and City Commission discussed the
motion from the Land Use and Development Committee and clarified their intent to consider
other options, including an overlay district that would remove the floor area ratio incentive for
mixed-use projects; and
WHEREAS, on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning
Board held additional detailed discussions on the proposed zoning modifications for the east
side of Alton Road in the Flamingo Park Historic District; and
WHEREAS, the proposed "Alton Road -Historic District Buffer Overlay" district
responds to concerns expressed by the Planning Board, the Land Use and Development
Committee and local residents by requiring among other things, a more compatible
relationship of scale and massing between new development along the east side of the
Alton Road corridor and the adjoining residential neighborhoods, by promoting mixed-use
development that makes efficient use of parking, by minimizing the concentration of impacts
from intense retail and restaurant development and by encouraging smaller neighborhood-
oriented uses.
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
Ill, "Overlay Districts," Division 8 "Alton Road -Historic District Buffer Overlay" is hereby
created as follows:
DIVISION 8. ALTON ROAD-HISTORIC DISTRICT BUFFER OVERLAY
Sec. 142-858. Location and purpose.
(a) The regulations of this division shall apply to properties within the following
boundaries, which shall be known as the Alton Road -Historic District Buffer
Overlay.
(1) Area 1 shall be those properties fronting on the east side of Alton Road from
6 Street to 11 Street, more specifically described as Lots 9 thru 16, Block 105
and Lots 9 thru 16, Block 106, OCEAN BEACH, FLA ADDITION W3, Plat
Book 2, Page 81, Public Records of Miami-Dade Countv, Florida.
TOGETHER WITH:
Lots 6 thru 10, Block 122. Lots 7 thru 12. Block 123. and Lots 7 thru 12, Block
124. all in LENOX MANOR. Plat Book 7, Page 15, Public Records of Miami"
Dade County, Florida.
2
(2) Area 2 shall be those properties fronting on the east side of Alton Road from
14 Street to 15 Street, more specifically described as Lots 13 thru 24. Block
109, OCEAN BEACH, FLA. ADDITION W3, Plat book 2. Page 81, Public
Records of Miami-Dade County. Florida.
TOGETHER WITH:
Lots 3, and 4, Block 68, COMMERCIAL SUBDIVISION OF THE ALTON
BEACH REALTY COMPANY, Plat Book 6. Page 5. Public Records of Miami-
Dade County, Florida.
(3) Area 3 shall be those properties fronting on the east side of Alton Road from
17 Street to the Collins Canal, more specifically described as Lots 10 thru 14_,
Block 18. FIRST ADDITION TO COMMERCIAL SUBDIVISION OF THE
ALTON BEACH REALTY COMPANY, Plat Book 6, Page 30. Public Records
of Miami-Dade County, Florida.
(b) The purpose of this overlay district is to minimize the impacts of development along
Alton Road on residential properties located in the Flamingo Park Historic District
and the Palm View Historic District. Specifically the overlay district is intended to
apply to properties zoned CD-2 Commercial Medium Intensity that are adjacent to
lower intensity RS-4 and RM-1 residential buildings in designated local historic
districts. The overlay district regulations are intended to achieve a more compatible
relationship of scale and massing between the Alton Road corridor and the adjoining
residential neighborhoods, to promote mixed-use development that makes efficient
use of parking. to minimize the concentration of impacts from intense retail and
restaurant development and to encourage smaller neighborhood-oriented uses.
Sec. 142-859. Development regulations.
The following overlay regulations shall apply within the Alton Road -Historic District Buffer
Overlay District. All development regulations applicable to and/or in the underlying zoning
district shall apply, except as follows:
(a) Maximum FAR. The maximum floor area ratio (FAR) in this overlay district shall be
1.5. The floor area ratio provision for mixed use buildings in section 142-307(d)(2)
shall not apply in this overlay district.
{b) Maximum building height. The maximum building height in this district shall be 50
feet and a maximum of 4 stories, except that building height shall be limited to 28
feet within 50 feet from the rear property line for lots abutting an alley (Lenox Court)
and within 60 feet from the RM-1 district for blocks with no alley between 8 Street
and 11 Street. There shall be no variances for building height.
{c) Minimum setbacks.
(1) Front-5 feet.
(2) Side facing a street - 5 feet.
(3) Interior side-0 feet.
3
(4) Rear -for lots with a rear property line abutting an RM-1 or an RS-4 district
the rear yard setback shall be a minimum of 25 feet: for lots with a rear
property line abutting an alley (Lenox Court) the rear setback shall be a
minimum of 5 feet; otherwise the rear setback shall be a minimum of 7.5 feet.
(5) There shall be no variances for building setbacks, except for triangular lots.
(d) Building separation:
( 1) The east and west facades of any building constructed on more than 50
linear feet of frontage along Alton Road shall be divided into segments with
building massing and architectural treatments intended to be reflective of the
50 feet wide lot development pattern that is predominant in the historic
district.
(2) Any building greater than 43 feet in height with a footprint that occupies more
than 150 linear feet of frontage along Alton Road shall have a separation
between all portions of the building above a height of 28 feet, so that there is
a minimum 15 feet wide view corridor running from east to west at least every
150 linear feet along the Alton Road corridor.
(e) The following regulations shall apply to lots containing contributing buildings in the
Flamingo Park Historic District within the Alton Road -Historic District Buffer
Overlay.
(1) Only those portions of a contributing building that were not part of the original
structure on site, or that have not acquired any type of architectural
significance, as determined by staff or the historic preservation board, may be
issued a Certificate of Appropriateness for demolition.
(2) For contributing buildings or properties, no building or structure shall be
permitted within an existing historic courtyard. For purposes of this
subsection, an historic courtyard shall be defined as a grade level space,
open to the sky, which is enclosed on at least two sides by an existing
building or structure on the same property and is an established architectural
or historic component of the site or building design by virtue of significant
features and/or finishes, including, but not limited to. paving patterns,
fountains, terraces, walkways or landscaping.
(f) Land Use: Main permitted uses. conditional uses and accessory uses shall be
permissible as set forth in the CD-2 district regulations. with the following exceptions:
(1) Retail uses, restaurants, bars, entertainment establishments and similar uses
shall not be permitted at any level above the ground floor, except that a loft or
mezzanine containing these uses may be permitted within the interior of a
ground floor commercial space. This subsection shall not apply to existing
and proposed retail uses in buildings existing in this district as of the effective
date of this ordinance.
(2) Any individual retail. restaurant, bar. entertainment establishment or similar
establishment in excess of 10.000 square feet. inclusive of outdoor seating
areas, shall require conditional use approval. The regulations in Chapter
4
142. Article V. Division 6. Entertainment Establishments. shall continue to
apply to uses in this overlay district.
(3) No alcoholic beverage establishment. entertainment establishment or
restaurant may be licensed as a main permitted or accessory use in any open
area above the ground floor (any area that is not included in the FAR
calculations) or at ground level in any open area within 125 feet of a
residential district, except that residents of a multifamily (apartment or
condominium) building or hotel guests may use these areas, which may
include a pool or other recreational amenities, for their individual, personal
use with appropriate buffering as determined by the Planning Department or
applicable land use board with jurisdiction.
SECTION 2. 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 3. 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 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 __ day of-------' 20_.
ATTEST:
CITY CLERK
First Reading: June 5, 2013
Verified by: ---------
Richard G Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
T:\AGENDA\2013\June 5\Aiton Road Buffer Overlay-ORO 1st read.docx
5
MAYOR
APPR EDAS TO
F R~ AND LANGUAGE A FOR EXECUTION
5b'llt2
J J Date
/\1\IAtV\1
CITY OF MIAMI BEACH
NOTICE OF AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS OF
THE CITY OF MIAMI BEACH CODE OF
ORDINANCES
NOTICE TO THE PUBLIC
PUBLIC NOTICE IS HEREBY GIVEN that the Miami Beach City Commission will hold a
meeting on WEDNESDAY, June 5, 2013 at 9:00 a.m. in the City Commission Chambers,
Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. During this
meeting, the City Commission will hold a public hearing on the following Ordinance:
ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY. AN ORDINANCE OF THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGUI.ATIONS," ARTICLE Ill, "OVERu,y DISTRICTS," Cf,EATING DIVISION 8 "ALTON ROAD •
HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION MJD
PURPOSE," AND SECTION 142-859 'DEVELOPME~IT REGULATIONS," INCLUDING AMONG
OTHER PfjOVISIONS REGULATIONS ON MAXIMUM FLOOR AHEA RATIO; MAXIMUM BUILDII•lG
HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION; DEMOLITION OR ADDITIONS TO
CONTRIBUTING BUILDI~IGS IN Nl HISTOFliC DISTriiCT; AND LAND USE REGULATIONS FOR
LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS,
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES: REQUIRING CONDITIONAL
USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SO. FT.; AND PROHIBITING ALCOHOLIC
BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN Or'EN AREAS WITH EXCEPTIONS AS
PRESCRIBED IN THE ORDII·jANCE; PROVIDING FOR CODIFICAfiON; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
Alllme;rested pames we !nvit6d ro Zl!='pear ~t tr-,is meeung or be repr.;.s.>?.nted by <Hi agel'it, or to expreS$ t"'re!r v~<aw:s in ~;ritlng adart"'JSec'
l(J Plannmg Departmliflt, ~·roc CrJ."!V~mtJo'l Cer'lt~r Dflve, :<::-....,.Floor, Clty HaJI, Miom1 Beach, F(;;nd<~. 33~3-J.
propo!;OO am;;:nQrnents are avat!.;,r;la Ri lhe Planmng Depanm€ot. Purcuar.t tc f!<"m,ja Stal 2"86.0lCS, ;he Cit)' hereby
by the City Comm1s~,1<;r, >'>'ll.h r.::spoct ~o ar:y rT•alter c.orts.ld€re-d
at ItS mr_,~::ung t1r tts he:cnn~, S<.J(.h p;;rsr;r; rru..-st ensJre th""-1 a verba~im r~co•d of th~ pt:cc.eed:rrg<. IS made, which record muM induce the
tes.\Wf'ony ar.d <Wide-""lce upon wl'ne:h th6 appeaJ :s 10 b& bn~...ed. Thi~ r.{)tic.e doot not rxX~st:twte coo.;;enl by trre C.ty tvr tt"W LnlrOOIJCiiOr'l or
adrniz.:;,.ir)l"; of O\lv:r'.Yi~0 !r'.<s:dmi~~r-.le <;r 1nelevant evidarrt_.e, ncr doe.;. it authotil.e d . .aUCf19e'"~ or app;.;als n.ot ntherv.l<$~ all1'.1wE:d by Ia~•.
In accordru-,ce wi~h tM Arnen-::ans w•!ti D•~abt\;ties. Acl of i 990, parSQ;rs. n&Gdrl'"lq $ped.:!l ~<:cr;ommodaticn 10 partrc1pb~l't m tt·,;s
p(oceooh·,:;! shotJid cor,tac! H~e Crty Cl€rl<. ru) l~:i>t:h.:w four d&y:'l. ~~nor to ;.t\a ptoce<:!ding. TeleptH)r,~ (:1(}5) €>73~?&50 ror C!S-sistancl): il
heann~ unp':ltred, t~k .. rA~t)r.~ the floric~ P~lay Servrce .r:vrnb<'.!IS., (305) €"13· 7218 0' /11, lor a~;,lstance.
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by !he Mayor and City Commission of the City
of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive,
Mlarni Beach, Florida, on Wednesday, June 5, 2013 to conaider the following:
10;45a.m.
Sunset Harbour ResidooUal Parking Requirements
An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter 130,
"Off-Street Parking," Article li "Distrl~i; Requirements," Section 130·33 "Off-Street Parking Requirements
For Parking Districts Nos. 2, :3, 4 And 5," By Amending The Parking Requirements For Sunset Harbour
Parking District No. 5 For Residential And Live-Work Type Uooa; Providing For Codification; Repealer,
Severability; Applicabiflty; And A~ Effective Oats.
inquiries may be directed to the Planning Department at i30S) 673·7550.
12:00p.m.
An Ordinance Amending The Code Of The Crty Of Miami Beach Sy Amending Chapter 62, Entitled
"Human Relations," By Amending A!Ucte Ill, Entitled "Domestic Partnerships," By Amending Section
62·128, Entitled "Employment Benefits" To Add Section 62-i28(d) To Provide Tax Equity To City
Employees With Dome~iic Partners Enrolled in The City's Health And Dental Plans Who Currently Sear
A Disproportionate Tax Burden Over That Of Their Married Counterparts,
nqulries may be direcle<:l to !he Human Resources Department at (305) 67$-7524.
5:00p.m.
AHem Road Historic Distrk;t Sutter Overlay:
An Ordinance Amending The Code Of The City Of Miami Bel'!ch, Florida, By Amending Chapter 142,
•zoning Di!ilric1s And Regulatirms," Article !II, •overlay Districts,'' Creating Division 8 "Alton Road -
Historic Oistr!ct Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section
142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor
Area Ratto; Maximum Building Height; Minimum Setbacks; Building Separation; DemolitiOn Or Additions
To Contributing Building& !n A Historic District; And Land Use Regulations For Location Of Retail Uses,
Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses;
Requiring Conditional Use Approval Of Such Uses i.n Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic
Beverage And Entertainment Esabtishmenls In Open Areas Wfth Exceptions Aa Prescribed In The
Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date.
inquiries may be directed to the Planning Department at (305) 673-7550.
5:05p.m.
Atton Road Parking District No. 6:
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 130
Oft-Street Parking, Artlc..ie II "Districts; Requirements," Section 130-31 "Parking Districts Established,"
Creating A New Parking District No. 6, And Section 130-33 "Off-Streat Parking Requirements For
Pruking Districts Nos. 2, 3 And 4." By Adding New Parking Regulations For Parking District No. 6, For
Properties With A Lot Une On Aaon Road From 5th Street To Oede Boulevard, including A Reduction In
Off-Street Parking Requirements For Certain Land Uaea And Bicycle Parking Requirements; Providing For
Co<;lifioation; Repealer; Severability; And An Effective Date.
Inquiries may be directed to the Pl<tnning Department at {305)673· 7&50.
INTEAES1"F.D PARTIES are invited to appear at !his meeting, or be represented by a'l agent, or to express
their views in writing addressed to the C~y Commission, clothe City Clerk, 1700 Conventton Center Drive.
i st Floor, City Hall, Miami Beach, Flonda 3:';1 39. Copies ol these items are available for publk; inspectioo
during normal busine<~s hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, C~y Hall,
Miami Beach. Florida 33139. This meeting may be continued, and under such cirCi.lmstan~s additional
legal notice wlll not be provided.
Rafa"'l E. Granado, City Clerk
City of Miami Beach
Pursuant to Secltorr 286.0105. Fla. Stat., the City hereby advioos the public that: a a person decides to
appeal any decision mad(> by the Cfty Commission with respect to any matter considered at tts meeting
or its healing, such per!K>n must ensure that a verbatim record ol 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 adml!lsion of otherwise inadmissible or lrralev~nt evidence, nor
does it authorize challenges or appeals not otherwise allowed bylaw.
To request this material in accessible format, sign language Interpreters, information on access for persons
with disabilities and/or any accommodation to review any document or participate in any City-sponsored
proceedmg, please contact us tl•te days in advance at (300) 673-7411(voice) or TTY users may also call
the Florida Rei<ty ServiCe at 71 i,
Ad 11781
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