Ordinance 2021-4436 Commercial Height Limits for Office Uses—Alton Road
ORDINANCE NO., 2021-4436
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," AT DIVISION 5, "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-
306, "DEVELOPMENT REGULATIONS," TO ALLOW FOR
ADDITIONAL HEIGHT FOR DEVELOPMENTS WITH
SIGNIFICANT OFFICE COMPONENTS LOCATED ON ALTON
ROAD BETWEEN 8TH STREET AND 17TH STREET; AND
ESTABLISHING SECTION 142-313, "ALTON ROAD OFFICE
DEVELOPMENT OVERLAY," TO CREATE NEW
DEVELOPMENT REGULATIONS FOR OFFICE USES
INCLUDING A VOLUNTARY HEIGHT INCENTIVE, AS WELL AS
HEIGHT LIMITS, HEIGHT EXCEPTIONS, MINIMUM GROUND
FLOOR ACTIVATION, UPPER LEVEL SETBACK AND
MECHANICAL SCREENING REQUIREMENTS, AND NEW
REGULATIONS FOR OUTDOOR USES AND SPECIAL EVENTS;
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 relocate from other states 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 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 5, "CD-2 Commercial, Medium Intensity District," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 5. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-306. Development regulations.
(a)The development regulations in the CD-2 commercial, medium intensity district are as follows:
Maximum Minimum Minimum Minimum Average Maximum
Floor Lot Area Lot Apartment Apartment Building
Area (Square Width Unit Size Unit Size Height
Ratio Feet) (Feet) (Square Feet) (Square Feet) (Feet)
New 50 (except as provided in
construction— section 142-
550 1161).
Rehabilitated New Notwithstanding
buildings-400 construction— the above, the
Non-elderly and 800 design review
elderly low and Rehabilitated board or historic
moderate buildings-550 preservation
income Non-elderly board, in
housing-400 and elderly low accordance with
None, Workforce and moderate the applicable
except as housing-400 income review criteria,
provided for Hotel unit: mayallow upto
housing-400
mixed-use 15%: 300-335; Workforce an additional five
1.5 and None 85%: 335+ housing-400 feet of height, as
commercial For contributingmeasured from
buildings as Hotel units—hotel structures N/A. The the base flood
provided located within number of units elevation plus
herein. the Collins Park may not maximum
District, exceed the freeboard, to the
generally maximum top of the second
bounded by the density set floor slab. Self-
erosion control forth in the storage
line on the east, comprehensive warehouse - 40
the east side of plan. feet, except that
Washington the building
Avenue on the height shall be
west, 23rd limited to 25 feet
Street on the within 50 feet
north, and 17th from the rear
Street on the property line for
south, hotel lots abutting an
units shall be a alley; and within
minimum of 200 60 feet from a
square feet. residential district
For contributing for blocks with no
hotel structures, alley:
located within Mixed-use and
an individual commercial
historic site, a buildings that
local historic include structured
district or a parking for
national register properties on the
district, which west side of Alton
are being Road from 6th
renovated in Street to Collins
accordance with Canal - 60 feet.
the Secretary of For office
the Interior developments
Standards and that satisfy the
Guidelines for applicable
the requirements in
Rehabilitation of Sec. 142-313 -
Historic 75 feet.
Structures as
amended,
retaining the
existing room
configuration
shall be
permitted,
provided all
rooms are a
minimum of 200
square feet.
Additionally,
existing room
configurations
for the above
described hotel
structures may
be modified to
address
applicable life-
safety and
accessibility
regulations,
provided the
200 square feet
minimum unit
size is
maintained, and
provided the
maximum
occupancy per
hotel room does
not exceed 4
persons. In
addition, the
minimum hotel
unit size for a
property
formerly zoned
HD is 250
square feet,
provided that
the property
does not
exceed 25,000
square feet as
of March 23,
2019. Hotel
units within
rooftop
additions to
contributing
structures in a
historic district
and individually
designated
historic
buildings-200.
Sec. 142-313. Alton Road office development overlay.
(a) The Alton Road office development overlay includes the parcels on the west side of Alton
Road, between 8th Street and 11th Street, and between 14th Street and 17th Street, as
depicted in the map below:
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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:
a) 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 142-307(d)(1), but only if, at a minimumthe fifst floor area associated with an
FAR of 1.5 is dedicated to office use and ground floor
commercial use.
r2) Covenant. New development may only be eligible for the voluntary office height incentive
provided in this subsection (b)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 months and one day.
(3) 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.
4) Clear pedestrian path. The applicable standards for a "clear pedestrian path." as
established in sections 133-61 and 133-62. shall apply to new development under this
section, except as follows:
a. The clear pedestrian path shall be at least ten feet(10')wide.
b. The design review board may approve a reduction of the clear pedestrian path
requirement to no less than a width of five feet (5') in order to accommodate street
trees. required utility apparatus. or other street furniture. subject to the design review
criteria.
(5) Height. Notwithstanding the requirements of section 142-306, 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.
n 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 142-1161 shall not apply to the Alton
Road office 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 ten feet above the main roof of the structure:
a. 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.
b. 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
c. 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.
d. Decks located more than six inches above the top of the roof slab, and not exceeding
three feet above the roof slab, may be permitted provided the deck area is no more
than 50 percent of the enclosed floor area immediately one floor below.
e. 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
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.
f. Parapets shall not exceed four feet in height above the main roof.
g, Exterior speakers required to meet applicable requirements of the life safety or
building code.
fl 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.
(8) 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.
u Sunset provision. The development regulations in this section 142-313 shall only apply
to projects that have obtained a full building permit on or before December 31, 2031.
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 on day of /74 , 2021.
ATTES
2, 81241_x1 f Dan Gelber, Mayor
Rafael E. Granado, City Clerk ,f's"
... :,t;,-,APPROVED AS TO FORM AND
First Reading: June 23, 2021 1 : � ate,': LANGUAGE AND FOR EXECUTION
Second Reading: July 28, 021 IPS ORP1OEo° g -2-
Verified
Verified by: `'cy 26'`�= City Attorney t��Date
Thomas R. Moo e , AICP""'
Planning Director
T:\Agenda\2021\10_July 28\Planning\Commercial Height Limits for Office Uses on Alton Road-Second Reading ORD.docx
Ordinances -R5 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 28, 2021
5:01 p.m. Second Reading Public Hearing
SUBJECT:COMMERCIAL HEIGHT LIMITS FOR OFFICE USES -ALTON ROAD
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," AT DIVISION 5, "CD-2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT," SECTION 142-306, "DEVELOPMENT
REGULATIONS," TO ALLOW FOR ADDITIONAL HEIGHT FOR
DEVELOPMENTS WITH SIGNIFICANT OFFICE COMPONENTS LOCATED
ON ALTON ROAD BETWEEN 8TH STREET AND 17TH STREET; AND
ESTABLISHING SECTION 142-313, "ALTON ROAD OFFICE
DEVELOPMENT OVERLAY," TO CREATE NEW DEVELOPMENT
REGULATIONS FOR OFFICE USES INCLUDING A VOLUNTARY HEIGHT
INCENTIVE, AS WELL AS HEIGHT LIMITS, HEIGHT EXCEPTIONS,
MINIMUM GROUND FLOOR ACTIVATION, UPPER LEVEL SETBACK AND
MECHANICAL SCREENING REQUIREMENTS, AND NEW REGULATIONS
FOR OUTDOOR USES AND SPECIAL EVENTS; 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 June 24, 2020, at the request of Mayor Dan Gelber, a discussion item pertaining to strategic
increases in height for office uses was referred to the Land Use and Sustainability Committee
(C4C).At the time of referral, Commissioner David Richardson became a co-sponsor.
The Land Use and Sustainability Committee (LUSC)discussed the proposal on July 21, 2020
and continued the item to September 22, 2020,with the following general direction:
1. Provide additional information regarding existing office space inventory in the City, and where
the best locations for office space would be.
2. Further study the areas proposed for office height incentives and look at other commercial
areas.
Page 1015 of 2012
3. Further study the minimum floor area benchmark for offices.
On September 22, 2020 the LUSC discussed the item and moved it to the full City
Commission, in accordance with the following:
1.A recommendation in favor of the proposal for a height increase applying to Terminal Island.
2. No recommendation on the areas fronting Alton Road from 5th Street to Collins Canal.
3. No recommendation on Sunset Harbor
The LUSC also recommended that the City Commission consider the following in its discussion
on the matter:
1. Requiring visual images and massing studies for the larger areas affected by the proposal,
and not just the specific properties seeking the change.
2. Potential quality of life and community/public benefits.
3. Consider a sunset provision for the proposal.
4. Requirements for neighborhood uses and activation at the first level of the building.
5. The inclusion of North Beach in the scope of the ordinance.
On October 14, 2020, the City Commission referred a draft ordinance that included height
increases for office uses on Terminal Island and Alton Road to the Planning Board for review
and recommendation. On November 17, 2020 the Planning Board held a public hearing and
transmitted the ordinance pertaining to Alton Road and Terminal Island to the City Commission
with a favorable recommendation by a vote of 6-0.
On December 9, 2020 the City Commission considered the proposed Ordinance at first
reading (item R5O), and the Ordinance was approved for Terminal Island only. The Alton Road /
CD-2 portion of the ordinance was bi-furcated and referred to the Land Use and Sustainability
Committee (LUSC)for further discussion. The sponsors of the proposal are Mayor Dan Gelber
and Commissioner David Richardson.
On January 20, 2021 the LUSC discussed and continued the item to the February 17, 2021
meeting. On February 17, 2021 the LUSC discussed the revised Ordinance and continued the
item to the March 24, 2021 LUSC with direction to the Administration to incorporate the
modifications discussed at the meeting into a revised draft Ordinance.
On March 24, 2021, a revised Ordinance was presented to the LUSC. The LUSC discussed
the revised Ordinance and recommended that the ordinance be amended to exclude the east
side of Alton Road, exclude hotels, and include a one year look back. Additionally, the LUSC
recommended additional safeguards be incorporated if, in the future, an office development is
Page 1016 of 2012
proposed to be converted to a different use. To this end, if a property owner elects, at the
owner's sole discretion, to record a voluntary covenant agreeing that any residential units on the
property shall not be leased or rented for a period of less than six months and one day, then the
property owner would qualify for the height incentive.
ANALYSIS
PLANNING ANALYSIS
An increase in maximum building height from 50 feet and 60 feet to 75 feet has been proposed
for portions of the Alton Road CD-2 District with the purpose of incentivizing high-end office
development.The proposal would create an Alton Road Office Development Overlay that
would be applicable on the west side of Alton Road between 8th Street and 11th Street and
between 14th Street and 17th Street.
A minimum threshold to qualify for increased height has been incorporated to ensure that an
eligible project is dedicated primarily to office use. However, non-office uses for sidewalk
activation would be permitted and residential uses would be permitted, as part of the residential
FAR bonus currently permitted in the Code. Additionally, a minimum lot size of 7,500 square
feet is proposed to ensure that the higher height is for medium to large size office projects, and
so that the site is large enough to absorb the increase in height. Collectively these thresholds
will help ensure the increased height will be limited to projects that consist primarily of offices.
Additionally, at the direction of the LUSC, the draft Ordinance contains the following regulations
which apply to developments exceeding 60 feet in height within the Alton Road office
development overlay:
(1) 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 142-307(d)(1),
but only if the first 1.5 FAR of the development is dedicated to office use and ground floor
commercial use.
(2) Covenant. New development may only be eligible for the voluntary office height incentive
provided in this subsection (b) if the property owner elects, at the owner's sole discretion, to
voluntarily execute a restricted 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 months and one day.1
1, Because the height increase has been proposed as a development incentive, premised
on property owner's voluntary agreement to certain development regulations, this Ordinance
is consistent with, and does not violate the preemption in Section 509.032(7)(b), Florida
Statutes ("(a]local law, ordinance, or regulation may not prohibit vacation rentals or regulate
the duration or frequency of rental of vacation rentals.'). The draft Ordinance neither prohibits
vacation rentals, nor regulates the duration or frequency of vacation rentals, but rather
creates a framework for a development incentive at the application/permitting stage.
(3) 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.
This shall not preclude a ground level lobby to access the upper floors.
(4) Maximum Height. The maximum building height shall be 75 feet and all portions of the
Page 1017 of 2012
building above 60 feet in height shall be setback a minimum of 20 feet from the rear property
line.
(5) 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 142-1161 shall not apply to the Alton Road Office
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 ten
feet above the main roof of the structure:
a. 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.
b. 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
c. 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.
d. Decks located more than six inches above the top of the roof slab, and not exceeding three
feet above the roof slab, may be permitted provided the deck area is no more than 50 percent
of the enclosed floor area immediately one floor below.
e. Rooftop areas that are accessible only to the owners or tenants of office or residential units
may have trellis, 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 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.
f. Parapets shall not exceed four feet in height above the main roof.
g. Exterior speakers required to meet applicable requirements of the life safety or building code.
(6) 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.
(7) 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.
(8) Sunset provision. The development regulations shall only apply to projects that have
Page 1018 of 2012
obtained a full building permit by December 31, 2031.
The proposed increase in height would allow for the expanded interior floor to ceiling space
being sought by office users and office developers. From a practical standpoint, when parking
and mixed-use pedestals are included,the current height limitations in the aforementioned areas
limit the interior ceiling heights for all uses. Additionally, the Alton Road corridor where this
proposal is applicable is along and within a transit corridor and has access to public parking
facilities.
The proposal would help diversify the City's economy and is consistent with the concept of
transit-oriented development (TOD), which is ideal for the identified area. This is an important
point because the City's long-term mobility plan places considerably more emphasis on transit.
In turn, this will likely result in less of a need for onsite vehicular storage in the future, which
would equate to a reduction in overall building height.
The City's real estate consultant, CBRE, has provided the following information regarding total
office space in South Beach:.
• Total Class A space-937,526 SF with 9%vacancy
• Total Class B space—892,885 SF with 11%vacancy
• South of Fifth Street—Approx.400,000 SF of Class A& B space
• Lincoln Road (including adjacent side streets)—approx. 1.13 million SF of Class A& B space
As it pertains to the migration of office tenants from the northeast (e.g. New York and
Connecticut) and Chicago to the greater Miami area (212 to 305), the Administration has
discussed this with CBRE,who was able to provide some anecdotal data regarding leasing they
have done in the larger office market area. In general, there appears to be a meaningful
increase in interest from financial services and related firms, some of which are focused on the
greater Miami market, and others in downtown West Palm Beach.
MASSING STUDY
The City Commission requested that massing studies be provided, comparing what is permitted
under the existing regulations (60') and what is proposed for office uses (up to 75'). Attached
are three separate section diagrams, with corresponding massing illustrations, comparing the
current height regulations along Alton Road with two different options for a potential height
increase. The study lot chosen is located between 14th Street and 15th Street on the west side
of Alton Road. The following is a summary of each option:
Option 1: Current Building Height Limit of 60 Feet
Under existing regulations, buildings with structured parking have a maximum building height limit
of 60 feet on Alton Road.As noted in the attached section diagram, buildings with this maximum
height have upper-level internal ceiling height limits of 11 feet.
Option 2: Increase Building Height Limit to 65'
Option 2 contains the same interior dimensions as option 1 at the ground and parking deck
levels.The interior ceiling heights can be increased to 13 feet for two levels, and 12 feet for a
third level.
Page 1019 of 2012
Option 3: Increase Building Height Limit to 75'
Option 3 contains the same interior dimensions as options 2 and 3 at the parking deck level and
allows for a more expansive interior height at the ground level. Additionally, the upper levels, at
all floors, can accommodate up to 15 feet of interior ceiling height at each level.
It is important to point out that the maximum increase in building height proposed would not
exceed fifteen (15') as commercial and mixed-use/office structures that include structured
parking already have a maximum building height limit of 60 feet. The current parking regulations
in the LDR's require that parking for office and residential uses be provided on site.
Of the three height options proposed herein, staff recommended that option 3, with a maximum
height limit of 75 feet, be approved at the LUSC, as it allows for maximum flexibility for first level
activation and expanded floor-to-floor heights at all levels. The LUSC agreed with the
recommendation of staff and recommended option 3.
Additionally, as noted in the corresponding massing studies, the difference in height is not
significant. Moreover, actual development projects will consist of fully developed architectural
plans, not massing studies, which will incorporate a significant level of architectural design,
changes in building plane and movement in the overall mass of the building.All new construction
is also subject to Design Review Board (DRB)approval, at which time issues of massing, view
corridors and surrounding context will be fully addressed as part of a public hearing.
PLANNING BOARD REVIEW
On May 25, 2021, the Planning Board held a public hearing and transmitted the Ordinance to
the City Commission with a favorable recommendation by a vote of 6-0. As part of this
recommendation, the Planning Board also recommended the following:
1. Include aspirational criteria that provides that where possible existing structures should be
adaptively reused.
2. Require that a progress report be provided to the Planning Board after 4 developments are
approved that take advantage of the office height incentive.
UPDATE
The subject Ordinance was approved at First Reading on June 23, 2021 with the inclusion of a
requirement for a clear pedestrian path at the sidewalk level. This modification has been
incorporated into the text of the Ordinance for Second Reading. Additionally, the City
Commission directed the Administration to provide a progress report to the Planning Board
after 4 developments are approved that take advantage of the office height incentives.
SUPPORTING SURVEY DATA
Expanding City Economic Base
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
South Beach
Page 1020 of 2012
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
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ MAPS
D Massing Studies
❑ Form Approved ORD
D Ad
Page 1021 of 2012
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MASSING STUDY—75' HEIGHT OPTION
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Page 1027 of 2012
ZONE I NEIGHBORS I I SUNDAY IULY It 2071
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE COMMERCIAL HEIGHT LIMITS ORDINANCE AMENDING THE CODE RELATED TO
FOR OFFICE USES ON ALTON ROAD THE WEST AVENUE BAY FRONT OVERLAY ON
JULY 28,2021 CITY COMMISSION MEETING BED AND BREAKFAST PROHIBITION
On July 28,2021,the City of Miami Beach will host a Hybrid Commission Meeting.During the Hybrid JULY 28,2021 CITY COMMISSION MEETING
Commission Meeting,the City Commission will be Physically present in a socially distanced manner in the On July 28,2021,the City of Miami Beach volt host a Hybrid Commission Meeting.During the Hybrid
Commission Chamber,Miami Beach City Hag,1700 Convention Center Drive,3rd Floor,Miami Beach,FL33139.
Applicants and the public are encouraged to attend the meeting virtually(as provided below).However,members Commission Meeting,the City Commission fission volt be physically present in a socially distanced manna n the
of the public who wish to attend the meeting Of provide public comment in person may appear at the Commission Cammtssion Chamber,Miami Beach City Hall,1700 Convention Center Drive,3rd Floor,Miami Beach,FL 33139.
Chamber.Members of the pubic are strongly encouraged to wear facial coverings and observe social distancing, Applicants and the public are encouraged to attend the meeting virtually(as provided below).However,members
consistent with CAC guidance to limit the spread of COVID•19. of the public who wish to attend the meeting or provide public comment in person may appear at the Commission
To participate or provide comment virtually during the Commission Meeting,the public may join the Chamber.Members of the public are strongly encouraged to wear facial coverings and observe social distancing,
whiner at:haps://miamibeachll.ov2oom.us/j/81392857671 or via telephone at;1.301.715.8592(U.S.)or wn951e"t with COC guidance to linen the spread of COVID•19.
888.475.4499(Tot Free).Webinar ID:81392857671d.Members of the public wanting to speakvirtualty an an To participate or provide barnmentvirtuattyduring the Commission Meeting,the public may join the webinar at:
item during the meeting,must click the"raise hand"icon dosing the Zoom app or press'9 on the telephone to htlosllmiangbeachkov.zoom.us1d81392857671 or via telephone al:1.301.715.8592(U.S.)or 888.475.4499
raise their hand. (Tog Ree).Webinar fO:813928576710.Members of the public wanting to speak virtually on an item during the
NOTICE IS HEREBY GIVEN that the following Public Hearing will be heard by the Mayor and City Commissioners meeting,must dick the"raise hand"icon it using the Zoon app or press'9 on the telephone to raise their hand.
of the City of Miami Beach,Florida.on Jk+h 2t,UV at 5111 p.m.a as sour thereafter as the matter can be heard: NOTICE IS HEREBY GIVEN that the Idlowlna Public Hearing will be heard by the Mayor and City Commissioners
555!am.e.con1 Rudlna Public Hearten of the My of Miami Beach,Florida,on July 2B,2021 at 10:50 tn.or as soon thereafter as the matter can be heard:
COMMERCIAL HEIGHT LIMITS FOR OFFICE USES•ALTON ROAD 1010 a ii.FirstfleaHna Pottle Revlpp
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING
WEST AVENUE BAY FRONT OVERLAY•BED&BREAKFAST PROHIBITION
CHAPT ER 142,"ZONING DISTRICTS AND REGULATIONS."ARTICLE II,"DISTRICT REGULATIONS;AT DIVISIONS,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
"CO-2 COMMERCIAL,MEDIUM INTENSITY DISTRICT,'SECTION 142.306,'DEVELOPMENT REGULATIONS,"TO AMENDING THE CODE OF THE CITY OF MIAMI BEACH,SUBPART B,ENTITLED"LAND DEVELOPMENT
ALLOW FOR ADDITIONAL HEIGHT FOR DEVELOPMENTS WITH SIGNIFICANT OFFICE COMPONENTS LOCATED REGULATIONS,'BY AMENDING CHAPTER 142,ENTITLED"ZONING DISTRICTS AND REGULATIONS,'ARTICLE
ON ALTON ROAD BETWEEN NTH STREET AND 17TH STREET;AND ESTABLISHING SECTION 142,313,"ALTON III,ENTITLED"OVERLAY DISTRICTS,'DIVISION 5,ENTITLED'WEST AVENUE BAY FRONT OVERLAY,"TO
ROAD OFFICE DEVELOPMENT OVERLAY;TD CREATE NEW DEVELOPMENT REGULATIONS FOR OFFICE USES REMOVE BED AND BREAKFAST INNS AS ALLOWABLE USES IN THE WEST AVENUE BAY FRONT OVERLAY;
INCLUDING A VOLUNTARY HEIGHT INCENTIVE,AS WELL AS HEIGHT LIMITS,HEIGHT EXCEPTIONS,MINIMUM AND PROVIDING FOR REPEALER,CODIFICATION.SEVERABILITY,AND AN EFFECTIVE DATE.This Ordnance
GROUND FLOOR ACTIVATION,UPPER LEVEL SETBACK AND MECHANICAL SCREENING REQUIREMENTS, is&eingheardpursrrantto1116•IB4MiltsCJh•atandDevetopmentGolfeInquiriesmaybedirectedtothe
AND NEW REGULATIONS FOR OUTDOOR USES AND SPECIAL EVENTS;AND PROVIDING FOR CODIRCATION, Planning Department Director at 305.673.7550.
REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section
118-164 minor City's Land Demlapment,Section 2 05 al the City Charter,and§166.041 F.S.tnquirres may be INTERESTED PARTIES are invited to take part in this meeting or be represented by an agent.The public may
directed to the Planning Department at 305.673.7550. submit written comments by sending an email to:CitsClerk@miamibeachflooy by 5:00 pm.the day before the
INTERESTED PARTIES are invited to take part in this meeting or be represented by an agent.The public may
City Commission Meeting.Please identify the Agenda Item Number in the email subject line.Bruits received wit
submit written comments by sending an email to:CityClerk@miareibeachg.gov by 5:10 p.m.the day before the be forwarded to the Mayor and Commissioners and will be included as a part of the meeting record.
City Commission Meeting.Please identify the Agenda Item Number in the email subject line.Emals received will Copies of Agenda Items are available for public inspection at:))itusY/www.miamlbeachll.eov/citvhalll
be forwarded to the Mayor and Commissioners and will be nduded as a part of the meeting record. ptvtlerktaaenda•archive-mainuaer2/.This meeting,or any Item therein,may be continued,and under such
Copies at Agenda Items are available for public inspection at htlps://www.miamibeachtgov/cilthalli circumstances,additional legal notice need not be provided.
cdycterk/agenda•arth vrmaie pagr2/.This meeting,or any Item therein,may be continued,and under such Pursuant to Section 286.0105,Fla.Stat.,the Gly hereby advises the public that if a person decides to appeal
circumstances,additional legal notice need not be provided. any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,
Pursuant to Section 286.01 D5,Fla.Stat.,the City hereby advkes the public that it a person decides to appeal such person must ensure that a verbatim record of the proceedings is made,which record Includes the testimony
any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the
such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony introduction or admission of otherwise inadmissible or Irrelevant evidence,nor does it authorize challenges or
and evidence upon which the appeal is to be based.This notice does not constitute consent by the City to the appeals not otherwise allowed by law.
introduction or admission of otherwise inadmissible or irrelevant evidence,nor does B authorize challenges or
appeals not otherwise allowed by law. To request this material In alternate format,sign language interpreter(Me-day notice required),information
To request this material in alternate format,sign language interpreter(Tveday notice required),information on access br persons with disabtlXles,and/or any accommodation to review any document a paesspale in any
on access for persons with disabtities,and/or any accommodation to review any document or participate it any Cityspansered proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish,then option 6;TTY users
City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish,then option 6;TTY users may cat via 711(Florida Relay Service).
may rail via 711(Florida Relay Service). The City Commission Meeting will be broadcast live on Miami Beach TV(MBTV),viewable on the City's
The City Commission Meeting will be brsadcaslline on Miami Beach TV(MBTV),viewabteon the City'swebsite website athltas:/7www.miamibeach0.00v/oovernmentimbtvl as well as on Atlantic Broadband Cable channel
at https//wwwmiamibeach0.gov/government/mbty/,as well as on Allanlic Broadband Cable channel 660,AT&T 660,AT&T U-verse channel 99,Hotwire Communications channel 395,and ROKU device on PEG.TV channel,and
U•verse channel 99,Hotwire Communications channel 395,and ROKU device on PEG.TV channel,and on social on social media at h0ov:/lwww.laceboakcom/citmlmlamdreach.
media at hops://wwwlaceb0ok.con/ciryofmiamibeach.
Rafael E.Granada,City Clerk
Rafael E.Cranio,City Clerk j City of inland Beach
1..'.:A V. BEACHCity of Miami Beach
`,i?,I `!4`'B EAC I I QPICIerk@m(amibeadh6.00'
CityClerk@miamibeachS.gav / • .)A t 305.673.7411
07282021.08 305.673.7411 Ad 07282021-11
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