R5AE - Create Alton Beach Overlay Land Use

Ordinances - R5 AE

COMMISSION MEMORANDUM

5:01 p.m. First Reading Public Hearing**

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) open and continue First Reading of the subject ordinance to May 21, 2025.

The Administration does not recommend that the proposed Comprehensive Plan amendment be approved at First Reading at this time. Consistent with the recommendations for the companion LDR amendment, the Administration is recommending that the maximum intensity bonuses in the comprehensive plan not exceed 2.0, resulting in a maximum allowable intensity not to exceed 4.75. Additionally, the proposed development agreement has not been properly vetted and may not be commensurate with the extent of development regulation incentives proposed. As such, the Administration recommends that the proposed Comprehensive Plan amendment be opened and continued to May 21, 2025.

BACKGROUND/HISTORY

The subject application was submitted on August 11, 2024, by 1250 West Ave Owner LLC with respect to the property located at 1250 West Avenue. This is a private application submitted pursuant to Sections 2.4.1 and 7.1.10 of the Resiliency Code. The applicant is proposing to create the Alton Beach Bayfront Overlay District within the City’s Future Land Use Map, the text of the City’s 2040 Comprehensive Plan, and the City’s Resiliency Code.

ANALYSIS

The applicant is proposing to create a new overlay, entitled the Alton Beach Bayfront Overlay district, as well as amend the RM-3 development regulations specific to the overlay. The proposal includes amendments to the Comprehensive Plan, as more specifically noted in the attached ordinance.

The proposed amendments to the Comprehensive Plan and the Land Development Regulations

of the City Code (LDRs) would enable the construction of a luxury housing development, with an accessory restaurant, at 1250 West Avenue. The proposal includes an increase in maximum FAR from 2.75 up to 5.75, as well as a building height increase from 150 feet to 330 feet. The applicant is also proposing to modify requirements pertaining to minimum setbacks and allowable encroachments within required yards, as well as provisions pertaining to the review of mechanical parking systems.

COMPREHENSIVE PLAN AMENDMENT AND REVIEW PROCESS The proposal requires an amendment to Policy RLU 1.1.7 of the Resilient Land Use and Development element of the Comprehensive Plan for the proposed increase in the maximum intensity requirements within the proposed overlay. The following is a summary of the proposed intensity increases specific to the Alton Beach Bayfront Overlay in the attached comprehensive plan amendment:

• ▪

The base floor area ratio in the Alton Beach Bayfront Overlay shall be 2.75.

• ▪

New construction limiting density to a maximum of 75 units per acre shall receive a floor area ratio bonus of 0.25; and

• ▪

A property owner who 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, in perpetuity, that no residential unit on the property shall be leased or rented for a period of less than six months and one day, shall receive a floor area bonus of 0.25. The covenant shall expressly provide that an affirmative vote of six-sevenths of all members of the City Commission shall be required in order to release the covenant or to modify the covenant in such a manner as to impose a less stringent restriction after it is executed; and

• ▪

A property owner who enters into a development agreement for capital improvements along the West Avenue corridor, defined as the area bounded by 5 th street on the south, 17 th Street on the north, Alton Court on the east, and Biscayne Bay on the west, and other public benefits that could be applied on a City-wide basis, shall receive a floor area ratio bonus of up to 2.5, based on the following improvements or public benefits:

1. Acquisition of property containing a transient use within the West Avenue corridor and conveyance of the property to the City: up to 2.0.

2. Design, permit, and construct the portions of the Bay Walk located at 800 West Avenue 1228 West Avenue, and 1450 Lincoln Road, or, in the event the requisite easements from upland owners cannot be obtained, contribute funds to the City for construction of the Bay Walk or any other lawful public purpose: 0.50.

Under Section 163.3187(1), Florida Statutes, this amendment qualifies as a small-scale amendment as the proposed North Beach Oceanfront Overlay is approximately 1.94 acres. This process requires a public hearing by the local planning agency (Planning Board) and a final adoption public hearing before the City Commission. The ordinance shall take effect 31 days after adoption if no challenge is filed.

PLANNING BOARD REVIEW On October 29, 2024, the Planning Board reviewed the proposed ordinance and continued it to the January 7, 2025, Planning Board meeting. On December 19, 2024, a public workshop was held after the first review of the Planning Board and additional input received from the participants.

On January 7, 2025, the application was continued to a date certain of February 4, 2025, at the request of the applicant, with no substantive discussion by the Planning Board. On February 4,

2025, the application was continued to a date certain of March 4, 2025, at the request of the applicant, with no substantive discussion by the Planning Board.

On March 4, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with an unfavorable recommendation (4-3).

SUMMARY The proposed amendments to the LDRs and the Comprehensive Plan are tethered to a separate development agreement, which is anticipated to be considered by the Land Use and Sustainability Committee (LUSC) on April 15, 2025. The earliest this development agreement can be considered by the City Commission is on May 21, 2025. For all three of these components to be considered for adoption together, the applicant has requested that the City Commission waive the annual zoning cycle restriction for the proposed LDR amendment, pursuant to Section 2.3.2 of the LDRs. If the City Commission were to approve the proposed development agreement on May 21, 2025, the applicant would be requesting that Second Reading for the LDR and Comprehensive Plan amendments be set for June 25, 2025.

The Administration does not recommend that the proposed Comprehensive Plan amendments be approved at First Reading at this time. Consistent with the recommendations for the companion LDR amendment, the Administration is recommending that the maximum intensity bonuses in the comprehensive plan not exceed 2.0, resulting in a maximum allowable intensity not to exceed 4.75. Additionally, the proposed development agreement has not been properly vetted and may not be commensurate with the extent of development regulation incentives proposed. As such, the Administration recommends that the proposed Comprehensive Plan amendment be opened and continued to May 21, 2025.

FISCAL IMPACT STATEMENT

No Fiscal Impact Expected

Does this Ordinance require a Business Impact Estimate? No (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

Not Applicable

CONCLUSION

The Administration recommends the following:

1. The City Commission open and continue First Reading of the subject ordinance to May 21, 2025.

2. The ordinance shall be revised for the May 21, 2025 meeting with the following amendments to policy RLU 1.1.7 noted in bold:

Alton Beach Bayfront Overlay - The City Commission acting in a legislative capacity may adopt land development regulations that provide for the following intensity bonuses within the Alton Beach Bayfront Overlay:

i. The base floor area ratio in the Alton Beach Bayfront Overlay shall be 2.75.

ii. New construction limiting density to a maximum of 75 units per acre shall receive a floor area ratio bonus of 0.25; and

iii. A property owner who 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, in perpetuity, that no residential unit on the property shall be leased or rented for a period of less than six months and one day, shall receive a floor area bonus of 0.25. The covenant shall expressly provide that an affirmative vote of six-sevenths of all members of the City Commission shall be required in order to release the covenant or to modify the covenant in such a manner as to impose a less stringent restriction after it is executed; and

iv. A property owner who enters into a development agreement for capital improvements along the West Avenue corridor, defined as the area bounded by 5 th street on the south, 17 th Street on the north, Alton Court on the east, and Biscayne Bay on the west, and other public benefits that could be applied on a City-wide basis, shall receive a floor area ratio bonus of up to 2.5 1.5, based on the following improvements or public benefits:

1. Acquisition of property containing a transient use within the West Avenue corridor and conveyance of the property to the City: up to 2.0 1.0.

2. Design, permit, and construct the portions of the Bay Walk located at 800 West Avenue 1228 West Avenue, and 1450 Lincoln Road, or, in the event the requisite easements from upland owners cannot be obtained, contribute funds to the City for construction of the Bay Walk or any other lawful public purpose: 0.50.

Applicable Area

South Beach

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Planning

Sponsor(s)

Private Applicant

Co-sponsor(s)

Condensed Title

5:01 p.m. 1st Rdg PH, Alton Beach Bayfront Overlay Dist-Comp Plan Amendment. (Private Applicant) PL

Previous Action (For City Clerk Use Only)