2017-4079 Ordinance Ocean Drive—Accessory Retail Modifications
ORDINANCE NO. 2017-4079
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," DIVISION 13, "MXE -
MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-546
THEREOF, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON
OCEAN DRIVE, OCEAN TERRACE AND COLLINS AVENUE," TO MODIFY
REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN
DRIVE, AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 2, "ACCESSORY USES," BY AMENDING SECTION 142-904 THEREOF,
ENTITLED "ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT
REGULATIONS" TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON
LOTS FRONTING OCEAN DRIVE AND PRECLUDING VARIANCES OF THE
PROVISION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, properties fronting Ocean Drive and Collins Avenue that have a
zoning designation of MXE Mixed Use Entertainment are located in the Ocean
Drive/Collins Avenue Historic District, as well as the Miami Beach Architectural National
Register Historic District; and
WHEREAS, Ocean Drive and Collins Avenue are some of the premier streets in
Miami Beach and provide residents and visitors with a unique cultural, retail, and dining
experience and are vital to Miami Beach's economy, especially the tourism industry;
and
WHEREAS, properties fronting Ocean Terrace are within the Harding Townsite
Historic District and the North Shore National Register Historic District; and
WHEREAS, the City of Miami Beach has undertaken a master planning process
for the North Beach area that includes the Harding Townsite Historic District and North
Shore National Register District, in order to encourage the revitalization of the area by
improving cultural, retail, and dining experiences for residents and visitors to the area;
and
WHEREAS, these areas have many contributing structures utilized as hotels and
restaurants associated with those hotel uses; and
WHEREAS, allowing an accessory use to "overcome" or "daunt" the hotel and
restaurant uses would impede tourism and detract from the iconic tourist experience; and
WHEREAS, the City desires to limit retail uses on Ocean Drive, Collins Avenue, and
Ocean Terrace; 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 13, "MXE Mixed Use Entertainment District," Is amended as follows:
Sec. 142-546. - Additional restrictions for lots fronting on Ocean Drive, Ocean Terrace
and Collins Avenue.
In the MXE mixed use entertainment district permitted uses in existing buildings at the
time of adoption of this section with two stories or less fronting on Ocean Drive or Ocean
Terrace and any building fronting on Collins Avenue from Sixth Street to 16th Street shall
comply with the following:
* * *
(5) For existing buildings with two stories or less fronting on Ocean Drive or
Ocean Terrace, the addition of a story shall require that commercial uses
comply with all provisions of section 142-904 for accessory uses_, unless a
- •- -- - • •- - - " - - - -- •- 'e, - - -e. For purposes of
example only, in buildings described in the foregoing sentence, the existence
of commercial uses on the ground floor which exceed 25 percent of the floor
area shall not, upon the addition of one story, be deemed grandfathered in,
and the percentage of commercial uses on the ground floor, upon the
addition of one story, must comply with the requirements of section 142-904_;
(6) No variances shall be granted from the requirements of this section 142-546,
except as specified in subsections 142-546(2)_and 142 516(5).
SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary District
Regulations," Division 2, "Accessory Uses," Is amended as follows:
Sec. 142-904. -Additional mixed use entertainment district regulations.
(a) General provisions. Accessory uses shall comply with the following mandatory criteria
in addition to the regulations contained in sections_142-901 and 142-902:
* * *
(b) Permitted accessory uses. The following are permitted accessory uses in the mixed
use entertainment district.
* * *
(d) No variances shall be granted from the requirements of this section 142-904.
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SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. 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 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this / day of /ZI4rC t , 2017(
/
Philip Levine
Mayor '{y•
ATTEST: / F;,
3All
h APPROVED AS TO
Rafa- E. nado FORM & LANGUAGE
City Clerk & FOR E UTION
f!
First Reading: February 8, 2017 City Attorney / Dote
Second Reading: M rch 1, 2. 7
Verified By:
Thomas R. Moon !T, AICP
Planning Director
T:WGENDA\2017\2-February\Planning\Ocean Drive Accessory Retail Modifications -First Reading ORD.docx
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Ordinances - R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 1, 2017
10:35 a.m. Second Reading Public Hearing
SUBJECT: OCEAN DRIVE ACCESSORY RETAIL MODIFICATIONS:
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," DIVISION 13,
"MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION
142-546 THEREOF, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS
FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS AVENUE," TO
MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING
OCEAN DRIVE, AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 2, "ACCESSORY USES," BY AMENDING SECTION 142-904
THEREOF, ENTITLED "ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT
REGULATIONS" TO MODIFY REGULATIONS PERTAINING TO RETAIL USES
ON LOTS FRONTING OCEAN DRIVE AND PRECLUDING VARIANCES OF THE
PROVISION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On November 9, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred
this item to the Land Use and Development Committee and the Planning Board (Item C4M). On
December 12, 2016, the Land Use and Development Committee discussed the Ordinance and
recommended that the Planning Board transmit the item to the City Commission with a favorable
recommendation.
PLANNING ANALYSIS
Within the MXE, Mixed-Use Entertainment zoning districts, the main permitted uses are apartments;
apartment-hotels; hotels; commercial development as specified in section 142-546, and religious
institutions with an occupancy of 199 persons or less.
Section 142-546 of the City Code provides for the following additional restrictions for lots fronting on
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Ocean Drive, Ocean Terrace and Collins Avenue:
• Existing Buildings with 2-stories or less fronting Ocean Drive or Ocean Terraces may have
offices, retail, food service establishments, alcoholic beverage establishments, and residential
uses or any combination thereof.
• Buildings with more than 2-stories may only contain the main permitted uses listed of
apartments; apartment-hotels; or hotels. Section 142-904 outlines additional requirements for
accessory uses within MXE districts for these uses. These development regulations were
created in order to ensure the retention and preservation of the historic buildings and
predominant historic uses of apartments, apartment-hotels, and hotels within these areas.
Section 142-904, pertaining to allowable accessory uses, contains the following provisions specific to
the MXE district:
( b ) Permitted accessory uses. The following are permitted accessory uses in the mixed
use entertainment district.
(1) Permitted accessory uses in hotels.
a. Those accessory uses that are customarily associated with the operation of a hotel as
determined by the planning and zoning director. The amount of retail space shall not exceed
75 square feet per hotel unit.
b. Hotels may have offices not associated with the operation of a hotel. The floor space
associated with offices shall not exceed 35 square feet per hotel unit; medical or dental
related offices are prohibited.
c. Restaurants, outdoor cafes, sidewalk cafes.
d. Solarium, sauna, exercise studio, health club or massage service which are located in
either the subterranean, ground, mezzanine or roof levels only and are operated by an
individual licensed by the state or other appropriate agencies.
e. Antiques, bookstore, art/craft galleries, artist studios.
f. Sale of alcoholic beverages as per article V, division 4 of this chapter.
g. Uses located on the porch, terrace or patio of a building are limited to table seating for
eating and drinking establishments, which have their fixtures and cooking facilities located in
the interior of the building, and the sale of flowers when conducted from a movable stand that
is placed inside the building at the close of business.
* * *
( 2 ) Permitted accessory uses in apartment buildings. The following are permitted
accessory uses in apartment buildings:
a. Apartment buildings may have commercial, office, eating or drinking uses, with access
to the street, on the ground floor and subterranean level or in the highest floor of a building;
however, no more than 25 percent of the floor area of the subterranean or ground floor shall
be used for commercial uses. Office space, when located on the ground floor, shall be located
at least 50 feet from the front property line.
b. Restaurants, outdoor cafes, sidewalk cafes with sale of alcoholic beverages as per
article V, division 4 of this chapter.
c. Solarium, sauna, exercise studio, health club or massage service by an individual
licensed by the state or other appropriate agencies.
(3)Permitted accessory uses in apartment hotels. Apartment hotels may have the same
accessory use regulations as hotels if a minimum of 75 percent of the total number of units
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are hotel units.
( c ) Additional requirements. In addition to the regulations and accessory uses listed in
subsections (a)and (b) of this section, structures located in the below areas shall comply with
the following:
(1) Permitted accessory uses for properties on Collins Avenue from Sixth to 15th Streets
and on the west side of Collins Avenue from 15th to 16th Streets and Ocean Terrace include
the above accessory uses but must comply with the following requirements:
a. Offices that are medical or dental related are prohibited.
b. Offices are only allowed in existing structures, otherwise, they are prohibited.
c. If a lobby is present or was originally constructed it shall be retained or reinstated.
Such lobby may be used for a reception area with no partitions; however, offices are not
permitted in the lobby.
d. Commercial uses, apartments, or hotel units either as a main permitted use or in any
combination.
(2) Permitted accessory uses for properties that front on Ocean Terrace:
a. Commercial uses.
b. Offices. If the office space is located on the ground floor shall be 50 feet from any front
property line facing a street and be consistent with subsections (c)(1)a and (c)(1)b of this
section.
c. At least 50 percent of the total floor area shall be used as hotel or apartment, the floor
area for hotel or apartment units shall meet the minimum area requirements established for
the zoning district.
The City Code provisions above have specific size limitations in order to ensure that the primary use
is retained and not overcome by accessory uses that would detract from the character of the historic
neighborhoods. However, as currently written, variances from these limitations can be sought. This
ordinance adds a no variance provision to Section 142-904 in order to ensure that accessory uses
do not overwhelm the main permitted uses in the MXE districts.
PLANNING BOARD REVIEW
On December 20, 2016, the Planning Board transmitted the proposed Ordinance Amendment to the
City Commission, with a favorable recommendation.
UPDATE
The subject ordinance was approved at First Reading on February 8, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner RickyArriola
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ATTACHMENTS:
Description
❑ Form Approved Ordinance
❑ Ad
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2ONE I I NEIGHBORS I rHuraerFreawm,6ron
BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING
OCEAN DRIVE ACCESSORY
RETAIL MODIFICATIONS
March 1, 2017
NOTICE IS HEREBY given that a Second Reading / Public Hearing will be heard by the Mayor and
City Commission 01 the City of Miami Beach, Florida, In the Commission Chamber, 3rd Floor, City Hall,
1700 Convention Center Drive,Miami Beach.Florida,on March 1.2017 al 10:35 a.m.or as soon thereafter as
the matter can be heard,to consider:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CRY OF MIAMI BEACH,
FLORIDA AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS,'DIVISION 13,'MXE-MIXED USE ENTERTAINMENT DISTRICT,"BY AMENDING
SECTION 142-546 THEREOF, ENTITLED"ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN
DRIVE.OCEAN TERRACE AND COLLINS AVENUE,"TO MODIFY REGULATIONS PERTAINING TO RETAIL
USES ON LOTS FRONTING OCEAN DRIVE AND BY AMENDING CHAPTER 142,"ZONING DISTRICTS AND
REGULATIONS,' ARTICLE IV, 'SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, `ACCESSORY
USES,"BY AMENDING SECTION 142-904 THEREOF,ENTITLED'ADDITIONAL MIXED USE ENTERTAINMENT
DISTRICT REGULATIONS'TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING
OCEAN DRIVE AND PRECLUDING VARIANCES OF THE PROVISION; PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
Mit Gre/nonce is sir have pursvmnt to Section 119-n4 of the City's Lerd Development Code,
ingwrres may be directed to the Pianr„'ng Department at:',!)5,67:;',7550,
INTERESTED PARTIES are Invited to appear at this meeting,or be represented by an agent,or to express
their views in writing addressed to the City Commission,Go the City Clerk,1700 Convention Center Drive,
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hours In Meetly Clerk's Office,1700 Convention Center Drive,1'Floor,City Hall,Miami Beach,Florida 33139.
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Rafael E Granado,City Clerk
City of Miami Beach
Ad 1283
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