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Ordinance 92-2778 ORDINANCE NO. 92-2778 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY: 1. AMENDING SECTION 3, "DEFINITIONS", AMENDING SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY ADDING DEFINITIONS FOR "MAJOR CULTURAL DORMITORY FACILITY", "MAJOR CULTURAL DORMITORY FACILITY UNIT" AND "MAJOR CULTURAL INSTITUTION'; 2. AMENDING SECTION 6,"SCHEDULE OF DISTRICT REGULATIONS",AMENDING SUBSECTION 6-8 , ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY" BY ADDING MAJOR CULTURAL DORMITORY FACILITIES AS A CONDITIONAL USE; 3. AMENDING SECTION 6,"SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT", BY ADDING MAJOR CULTURAL DORMITORY FACILITIES AS A CONDITIONAL USE; 4. AMENDING SECTION 7, "PARKING REGULATIONS", AMENDING SUBSECTION 7-2,ENTITLED"OFF-STREET PARKING REQUIRED"BY ADDING REGULATIONS FOR MAJOR CULTURAL DORMITORY FACILITIES; 5. ADDING SECTION 10A, "MAJOR CULTURAL DORMITORY FACILITIES", A NEW SECTION WHICH PRESCRIBES MANDATORY REQUIREMENTS AND REVIEW CRITERIA FOR SUCH FACILITIES; AND PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Major Cultural Institutions play a significant role in providing performing and visual arts to the general public of a community; and WHEREAS, the City of Miami Beach is desirous of maintaining and attracting such institutions within it's boundaries; and WHEREAS, Major Cultural Institutions have a unique need to provide affordable housing to it's members in a dormitory setting; and WHEREAS, by requiring the Conditional Use Permit procedure for said use to meet mandatory requirements and review criteria, the City will ensure quality development. NOW, THEREFORE BE IT RESOLVED, that the Zoning Ordinance of the City of Miami Beach be amended as set forth, herein: Underline = new language Strike out = deleted language SECTION 1. That Subsection 3-2,entitled"Terms Defined"of Section 3,entitled"Definitions" of Zoning Ordinance No. 89-2665 is hereby amended as follows: 3-2 TERMS DEFINED * * Major Cultural Dormitory Facility: A building which is occupied by members, and their authorized guests, of a sponsoring Major Cultural Institution with all residents occupying Major Cultural Dormitory Facility Units and where ingress or egress may be through a common lobby or office that is supervised at all times for security purposes. Major Cultural Dormitory Facility Unit: A room, or group of rooms with one main entrance with ingress or egress through a common lobby or office,occupied or intended to be occupied by members, and their authorized guests,of a sponsoring Major Cultural Facility; not leased or subleased to the general public and without cooking facilities. Major Cultural Institution: An institution that meets the mandatory requirements as set forth in Subsection 10A-2 of this Ordinance. SECTION 2. That Subsection 6-8, entitled "CD-3 Commercial, High Intensity" of Section 6, entitled"Schedule of District Regulations"of Zoning Ordinance No. 89-2665 is hereby amended as follows: 6-8 CD-3 COMMERCIAL, HIGH INTENSITY. 28 A. Purpose and Uses 1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses This district is designed to Commercial Uses;Apartments; Adult Living Congregate See Section 6-21. accommodate a highly Apartment/Hotels; Hotels. Facilities; Nursing Homes; concentrated business core in Oceanfront properties shall not religious Institution; public which activities serving the be permitted to have retail and private Institutions; entire City are located. and/or office areas unless the School; "Major Cultural entire Building is rehabilitated Dormitory Facilities as according to the South Florida specified in Section 10A-2." Building Code, the Miami Beach Property Maintenance Standards, and Fire Prevention and Safety Codes and if it is a Historic Structure the U.S. Secretary of the Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures. Offices are prohibited on the ground floor on that portion of Lincoln Road which is closed to traffic. Uses that serve Alcoholic Beverages as listed in Section 12 (Alcoholic Beverages). SECTION 3. That Subsection 6-16, entitled "MXE Mixed Use Entertainment District" of Section 6, entitled "Scheduled of District Regulations of Zoning Ordinance No. 89-2665 is hereby amended as follows: 6-16 MXE MIXED USE ENTERTAINMENT DISTRICT. A. Purpose and Uses 1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses These regulations are designed to Apartments;Apartment-Hotels; Aiewe"Major Cultural See Section 6-21. encourage the substantial restora- Hotels; Commercial Development as Dormitory Facilities as tion of existing Structures and specified in Section 6-16,C. Uses specified in Section 10A- allow for new construction. that serve Alcoholic Beverages as listed in Section 12 (Alcoholic Beverages). SECTION 4. That Subsection 7-2, entitled "Off-street Parking Required" of Section 7, entitled "Parking Regulations" of Zoning Ordinance No. 89-2665 is hereby amended as follows: 7-2 OFF-STREET PARKING REQUIRED Except as otherwise provided in this Ordinance, when any Building or Structure is erected or altered, accessory Off-Street Parking Spaces shall be provided for the Building, Structure or additional Floor Area as follows: A. Parking District No. 1 - * * 28.1 Major Cultural Dormitory Facility - One (I) space per Unit. * * * 2 SECTION 5. Adding a new Section to Zoning Ordinance No. 89-2665, entitled "Section 10A - Major Cultural Dormitory Facilities" to read as follows: 10A-1. PURPOSE A. The purpose of this section is to provide Mandatory Requirements and review criteria to be used in reviewing requests for a Conditional Use Permit for Maior Cultural Dormitory Facilities (MCDF). 10A-2. MANDATORY REQUIREMENTS A. A Major Cultural Dormitory Facility must be sponsored by and operated for use by a Major Cultural Institution that meets the following Mandatory Requirements: 1. For the purposes of this Section, a Major Cultural Institution shall be one that engages in the performing arts (including, but not limited to, music, dance and theater) or visual arts (including, but not limited to, painting, sculpture, and photography) and serves the general public. 2. The Institution shall be designated by the Internal Revenue Service as tax exempt pursuant to Section 501(c)(3) or (4) of the Internal Revenue Code. 3. The Institution shall be a not-for-profit corporation established pursuant to Chapter 617, Florida Statutes. 4. The Institution shall have an established Florida Corporate Charter for at least three years. 5. The Institution shall provide evidence of an operating budget of at least $2,000,000 for each of the previous two years and for the next projected fiscal year. 6. The Institution shall demonstrate the need for a dormitory facility and why there is a need for it to be located in the City of Miami Beach. 7. The Institution shall demonstrate its audience support and recognition in Miami Beach, through awards, subscription and/or membership. B. In addition to the sponsoring Institution meeting all of the above requirements, the MCDF shall be subject to the following additional Mandatory Requirements: 1. Facilities shall not be located in the Ocean Drive/Collins Avenue Historic District or in the ground floor of properties located on that portion of Lincoln Road which is closed to vehicular traffic. 2. The design of the dormitory facility shall be reviewed under the Design Review process pursuant to Section 18-2. 3. The dormitory facility shall conform with the South Florida Building Code, Fire Prevention and Safety Code, and with the Miami Beach Property Maintenance Standards. If it is a Historic Structure, it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior (revised 1983) and as amended. 4. The dormitory facility shall be for the sole use and enjoyment of Major Cultural Institution members and their authorized guests and shall not be leased or subleased to the general public. 5. No Accessory Use of a commercial nature shall be permitted in the dormitory building. 6. The dormitory facility shall have no less than one common kitchen facility. Dormitory units shall be permitted to have a five (5) cubic ft. refrigerator and a microwave oven. 7. Dormitory units shall have a minimum size of 200 sq.ft. for the first two occupants and an average size of no less than 240 sa.ft. 3 8. The dormitory facility shall have personnel situated at the front desk at all times for security purposes. 9. The dormitory facility shall have a fully operational sprinkler system. 10. The MCDF shall only be operated by the Major Cultural Institution initially approved to operate the facility ; the MCDF Conditional Use Permit shall not be transferable except upon a new application, public hearing and approval by the Planning Board. 10A-3. REVIEW CRITERIA A. Major Cultural Dormitory Facilities should be in substantial compliance with the following review criteria as determined by the Planning Board: 1. Smaller scale dormitory facilities (100 units or less) are encouraged in order to provide a non-institutional environment. 2. Dormitory facilities should be within walking distance (2,500 ft. or less) from the Major Cultural Institution it serves. 3. In order to encourage geographic distribution,dormitory facilities should not be located within 1,000 feet from each other. 4. The location of the MCDF should be consistent with the City's Comprehensive Plan and all other adopted neighborhood plans. SECTION 6. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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 7. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 8. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect on the 28th day of March / , 1992. PASSED and ADOPTED this X/th day of Mar„ 1992. % AYOR /OF ATTEST: CI Y CLERK DJG:jm First Reading: 3/5/92 Second Reading 3/18/92 c:\wp\jgg\pb\mcdf.92 FORM APPROVED LEGAL DEPT. By � C Date 2 `l '- 2_ 4 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. �� Z DATE: MARCH 18, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Carla Bernabei TalaricoC City Manager SUBJECT: PROPOSED AMENDMENT TO ZONING ORDINANCE 89-2665 - CREATION OF MAJOR CULTURAL DORMITORY FACILITIES (MCDF) AS A CONDITIONAL USE - SECOND READING THE REOUEST The City Administration, through the Planning and Zoning Department, is requesting. consideration of an amendment to the Zoning Ordinance that would permit Major Cultural Dormitory Facilities as a conditional use in the City of Miami Beach. Such a conditional use would be allowed in the CD-3 Commercial High Intensity District and in the MXE Mixed Use Entertainment District with certain restrictions as prescribed for in the proposed amendment. Section l0A of the Ordinance is proposed to provide mandatory requirements and review criteria to be used in reviewing requests for conditional use permits for Major Cultural Dormitory Facilities. In order for such a dormitory facility to be created, it must be sponsored and operated for use by a Major Cultural Institution that meets the additional Mandatory Requirements as set forth in the proposed ordinance. BACKGROUND The Planning and Zoning Department staff have been meeting with representatives of the New World Symphony, an organization which has been established now for some time in the City of Miami Beach. These representatives, including David Philips, Carter McDowell, Juan Lezcano,Alina Dennis and others,came to the Department seeking a means by which dormitory facilities could be provided for it's musicians. In so doing,the New World Symphony musicians might be able to live in relatively close proximity to the Lincoln Theater and in housing that is both affordable and appropriate to their stature as professionals. Among the concerns to be resolved were: 1) the ability to rehabilitate a building and to have units that are smaller in size, on average, than hotel or apartment units; 2) to have common kitchen facilities provided on one or more floors of such a facility; and, 3) to be licensed as a dormitory so that it can indeed function for this sole purpose. In response to this specific need, the Planning and Zoning Department saw the potential for a more broad-based amendment to the Ordinance that would not only help the New World Symphony and it's performing artists, but could also provide a distinct housing alternative to the other major cultural institutions that have already become established or may choose to establish in Miami Beach. The Ordinance has been carefully crafted to ensure that the mandatory requirements fully describe what a Major Cultural Dormitory Facility shall be and also the prerequisite requirements of the cultural institution it would serve. It is believed that these regulations will indeed foster quality dormitory facilities to be constructed in our community. On January 28, 1992, the Planning Board voted 6-0 in favor of recommending approval to the City Commission on this amendment to the Ordinance. 46 AGENDA ITEM R- 3.06 DATE 31892 PROPOSAL SUMMARY The amendment to the Ordinance is fairly self-explanatory, but it is worthy to note some key points. In Section 1, under Terms Defined, we are providing for new definitions of Major Cultural Dormitory Facility, Major Cultural Dormitory Facility Unit, and Major Cultural Institution. All such definitions arenecessary to clarify what these terms entail. Under Sections 2 and 3, this use is listed as a Conditional Use in the CD-3,Commercial High Intensity District and the MXE, Mixed Use Entertainment District. Under Section 4, the Off-street Parking required for a Major Cultural Dormitory Facility is established at one (1) space per unit. Under Section 5, the wording for the newly proposed Section 10A of the Ordinance is proposed including: 1) the purpose;2)the mandatory requirements;and, 3)the review criteria. Under the Mandatory Requirements Sub-section, it is first stated that a Major Cultural Dormitory Facility must be sponsored by and operated for use by a Major Cultural Institution that meets certain Mandatory Requirements. A Major Cultural Institution is defined in terms of: the types of art it engages in; it's Internal Revenue Service status as tax exempt; it's establishment as a Not-for profit pursuant to Chapter 617 of the Florida Statutes; it's establishment as an Institution under the Florida Corporation Charter for at least three (3) years; and, as an Institution that provides proper evidence of an operating budget of at least 2 million dollars for each of the previous two years and for the next projected fiscal year. Additionally, the institution must demonstrate the need for a dormitory facility and why it is important to be located on Miami Beach. The institution must also demonstrate it's audience support and recognition in this community. Once the Institution has met these prerequisite requirements, the Major Cultural Dormitory Facility must also meet the additional Mandatory Requirements including: 1)not being located in the Ocean Drive Collins Avenue Historic District or in the ground floor of properties located on that portion of Lincoln Road closed to traffic;2) the design of the facility shall be reviewed under the design review process; 3) the facilities shall conform with all codes and, if historic, shall also conform to the Secretary of Interior Standards for Rehabilitation; 4) the dormitory facilities shall be for the sole use and enjoyment of the Major Cultural Institution members and their authorized guests; 5) no accessory use of a commercial nature shall be permitted in the dormitory facility; 6) the dormitory facility shall have no less than one common kitchen facility; however, each dormitory unit shall be permitted to have a 5 cubic foot refrigerator and a microwave oven; 7) dormitory units shall have a minimum size of 200 sq.ft. for the first two occupants and an average size of no less than 240 sq.ft.; 8) the dormitory facilities shall have personnel situated at the front desk for security purposes; 9) the dormitory facility shall have a fully operated sprinkler system; 10) the facility shall only be operated by the Major Cultural Institution initially approved to operate the facility. The MCDF conditional use permit shall not be transferable except upon a new application, public hearing and approval by the Planning Board. Under the review criteria, the Planning Board would be required to determine substantial compliance with the following: 1. Smaller scale dormitory facilities (100 units or less) are encouraged to provide a non-institutional environment; 2. Dormitory facilities should be within walking distance (2,500 ft. or less) from the Major Cultural Institution it serves; 3. In order to encourage geographic distribution,such facilities shall not be located within 1,000 feet from each other; and, 4. The location of a MCDF should be consistent with the City's Comprehensive Plan and all other adopted neighborhood plans. ADMINISTRATION RECOMMENDATION Based on the foregoing, the Administration believes that this amendment will he beneficial to the City of Miami Beach in encouraging Major Cultural Institutions to locate here as a base of operation and that they will be allowed to have suitable and adequate housing facilities for their respective memberships. In view of the above findings and the Planning Board's affirmative recommendation, the Administration recommends that the City Commission approve this amendment to Zoning Ordinance 89-2665. CBT:DJG:jm Attachment commisn\34mcd f.92 X. 47 • • r-1 a) CO U CO cti N t~ r-1 'd Ci I } cd N O �+ CT O CO bp•r CO • t~ Cd o •H G W Q L4 H N O :7 Z a) t~ ... D ^� 7 •rl •ri co O —I uJ +J a! TI~ ma �•.� , o .� r♦ aJ u —I a) �+ r♦ u) P. I O • co O 4-1 010 cd 1 tet~ b4N 0 L: I 0 •H •r-I 'Li CO •r-I •r-I • E a) • $a 0 • z 'd ci