Ordinance 96-3052 ORDINANCE NO. 96-3052
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, BY AMENDING SUBSECTION 6-16, ENTITLED
"MXE MIXED USE ENTERTAINMENT DISTRICT" BY AMENDING THE USE
REGULATIONS CLARIFYING THAT USES SERVING ALCOHOLIC
BEVERAGES ARE ACCESSORY USES RATHER THAN MAIN PERMITTED
USES,MODIFYING THE MAXIMUM HEIGHT REGULATIONS,MODIFYING
THE REGULATIONS PERTAINING TO COMMERCIAL USES IN BUILDINGS
OF TWO STORIES OR LESS BY REQUIRING THAT COMMERCIAL USES
ABOVE THE GROUND FLOOR SHALL ONLY HAVE ACCESS FROM THE
INTERIOR OF THE BUILDING, AMENDING THE LIMITATION ON
INTERNAL RECONSTRUCTION OF BUILDINGS, CLARIFYING THE IMPACT
OF ONE STORY ADDITIONS ON COMMERCIAL USES, AND MODIFYING
THE REQUIREMENTS FROM WHICH VARIANCES MAY BE SECURED,
MODIFYING THE SETBACK REQUIREMENTS,CLARIFYING THE SETBACK
FOR EXISTING STRUCTURES BEING SUBSTANTIALLY RENOVATED,
AND MODIFYING THE REGULATIONS PERTAINING TO ROOFTOP
ADDITIONS TO EXISTING BUILDINGS; AMENDING SUBSECTION 6-21,
ENTITLED "REGULATION OF ACCESSORY USES" BY CLARIFYING THE
PROVISIONS FOR ACCESSORY USES IN THE MXE DISTRICT; AMENDING
SUBSECTION 6-28,ENTITLED"MODIFICATION OF HEIGHT REGULATIONS
(ALL DISTRICTS)" BY AMENDING THE TYPE AND LIST OF STRUCTURES
THAT MAY PROJECT ABOVE THE MAIN ROOF LINE, AND MODIFYING
THE OVERALL HEIGHT REGULATIONS FOR THE ALLOWABLE ITEMS;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,The City of Miami Beach recognizes the unique character of the Ocean Drive-
Collins Avenue MXE district and the Ocean Terrace MXE district; and
WHEREAS,The City has amended the Future Land Use Map,specifying Ocean Drive,from
5th to 15th Street, Collins Avenue, from 6th to 16th Street, and Ocean Terrace as the only areas
designated as Mixed Use Entertainment; and
WHEREAS, Certain development regulations currently in Section 6 of the Zoning
Ordinance are no longer compatible with the existing character of the areas designated as MXE on
the amended Future Land Use Map; and
WHEREAS,the City of Miami Beach wishes to preserve the existing character of the areas
designated as MXE and wishes to amend certain development regulations to conform the regulations
to the existing character of the area; and
WHEREAS, the Administration wishes to clarify the regulations pertaining to the height
regulations, and
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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. That Subsection 6-16,entitled "MXE Mixed Use Entertainment District" of Section
6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida 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;Hotels; Major Cultural Dormitory See Section 6-21.
encourage the substantial restoration of Commercial Development as specified in Facilities as specified in (Note:Uses that serve
existing Structures and allow for new Section 6-16,C. Section 10A-2;Outdoor Alcoholic Beverages are
construction. Entertainment Establishment; also subject to the
Neighborhood Impact regulations of Section 12 of
Establishment;Open Air this Ordinance)
Entertainment Establishment
B. Development Regulations
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1.Base FAR 2. Max.FAR 3.Min.Lot 4.Min.Lot 5. Min.Apt. 6. Avg.Apt 7. Max.
with bonus Area Width Unit Size Unit Size Bldg.
(sq.ft.) (feet) (sq.ft.) (sq.ft.) Height
(feet)
All uses-1.5 All uses-3.0 N/A N/A Existing Structures: Existing Structures: Architectural
Apt Units -400 Apt Units -550 District:
Except Except Hotel Units-in a Hotel Units -N/A Oceanfront-150
Convention Convention Hotel Local Historic Non-Oceanfront-50
Hotel Develop- Development(as District/Site-200, New
ment(as set set forth in Section otherwise construction: Ocean Drive/Collins
forth in Section 6-23)-3.5 15%:300-335 Apt Units -800 Avenue Historic
6-23)-1.75 85%:335+ Hotel Units -N/A District-See Section
6-16.E.
New
construction:
Apt Units -550
• Hotel Units-
15%:300-335
85%:335+ height-14114;
All other areas_:-none
75'.
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C. Permitted Uses in existing Buildings at the time of adoption of this Sub-section with
two (2) stories or less fronting on Ocean Drive or Ocean Terrace and any Building
fronting on Collins Avenue from 6th to 16th Street shall comply with the following.
1 The entire Building shall be substantially renovated and comply with the
South Florida Building Code,Fire Prevention Safety Code and the Property
Maintenance Standards. If the Building is a Historic Structure, the plans
shall substantially comply with the Secretary of the Interior Standards and
Guidelines for Rehabilitating Historic Structures, U.S. Department of the
Interior(Revised 1983) and as amended.
2 Such Buildings may contain offices (medical and dental offices are
prohibited), retail, eating or. drinking Uses and residential Uses or any
combination thereof. Commercial Uses located above the ground floor shall
only have access from the interior of the Building: no exterior access shall
be permitted unless a Variance from this requirement is granted.
3 Required parking may be satisfied through participation in the Parking
Impact Fee Program as set forth in Section 7-7 where applicable under the
regulations contained therein.
4 No existing Bbuilding : - -••: - i -- - : - •- = : - 0 -- D • •-
or Occan Tcrracc shall be internally re-constructed to change the number of
crcatc two (2) stories : --- . - - .. .: •: : • .. •
except that 20% of each floor plate may be removed to create an open area
or atrium.
5 For existing Buildings with two (2) 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 Sub-section 6-21,D for accessory uses, unless
a Variance from the provisions of Sub-section 6-21.D is granted. For
purposes of example only. in Buildings described in the foregoing sentence,
the existence of Commercial Uses on the ground floor which exceed 25% 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
Subsection 6-21,D except if a Variance is granted.
36 No Variances shall be granted from the requirements of Sub-section 6-16,C
except as specified in subparagraphs 6-16,C.2 and 6-16.C.5.
3
D. Setback Requirements
I. Front 2. Side,Interior 3. Side,Facing a Street 4. Rear
Oceanfront: Oceanfront: Oceanfront: Oceanfront:
Pedestal and Tower- Pedestal and Tower- Pedestal and Tower- 25%of Lot Depth,75'mini-
50 ft.;however sculptures,fountains or 15%of the Lot Width. 15%of the Lot Width plus 5 ft. mum from the Bulkhead Line,
architectural features when approved by whichever is greater.
the Design Review Board are permitted Non-Oceanfront: Non-Oceanfront:
in the required Front Yard. Buildings les3 than 10 ft.in height 10%of the Lot Width plus 5 ft. not Non-Oceanfront:
,...ch interior Side Yard 3`a"be to exceed 25 ft. Architectural District-0 feet if
Non-Oceanfront: 10%ofth.`of Widt However,Lots less than 100 feet in abutting an alley,otherwise 10
Pedestal-10 ft.;Lots 100 feet in width Architectural District-5 feet width on Ocean Drive 5 feet feet.
or greater-20 ft.;for buildings with a All other areas:Pedestal-5 feet All other areas 10 feet.
10 ft.deep covered front porch running Tower-7.5 feet Non-Oceanfront Structures may
substantially the full width of the comply with the above requirements
Building front,the front setback shall Building3 greater than 10 ft.in or have the option of the following:
be five feet. height each interior Side Yard
shall be 15%of the Lot Width. Pedestal-5 feet
Furthermore,for Lots 100 feet in width
or greater,the front setback shall be Tower-7.5 feet
extended to include at least one
courtyard,open to the sky,with a Provided that Non-Oceanfront lots
minimum width of ten feet(10')and a 100 feet or greater in width shall
minimum area of three(3)square feet incorporate the following:
for every linear foot of lot frontage.
a.)a 10 ft.deep porch running
Tower-50 feet substantially the full side length of
.. _ the Building,with a minimum floor
to ceiling height of 12 feet,and
b
b.)one courtyard,open to the sky.
with a minimum of 1,000 sq.ft.and
: • - • O. :.. , a minimum average depth of 20 feet.
Bars,Nightclubs,Rc3taurant3 or The lona edge of the courtyard shall
eab.,a-e,,• ___F _..o_a g he along the side property line. The
area of the courtyard shall be
increased by an additional 50 square
Ocean Terrace arc permitted in the feet for every 1 foot of Building
Height above 30 feet as measured
feeeiVel..Floor ere_natio to_.._
from grade.
b
.:thin♦h,.T ..rd 3etLaok
5. Existing Structures which are being substantially renovated are permitted to
retain the existing setback areas; however, the setback area shall not be
reduced. When additional floors are constructed, they shall be permitted to
retain the same setbacks as the existing floors. The provisions of Subsection
13-8 of this Ordinance relating to Bulk shall not be applicable to the
foregoing setback requirements.
E. The maximum height permitted for non-oceanfront Buildings in the Ocean
Drive/Collins Avenue Local Historic District is 50 feet. However, existing non-
oceanfront Buildings located between 5th and 15th Streets in this district shall only
be permitted to have habitable one-story rooftop additions, with a maximum floor to
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ceiling height of 12 feet. : . • - : • i . i ' :: , • :. -
-
properties fronting on Collins Avenue.the additions shall not be visible when viewed
at eye level (5'-6" from Grade) from the opposite side of the adjacent right-of-way;
for corner properties.said additions shall also not be visible when viewed at eye level
from the diagonal corner at the opposite side of the right-of-way and from the
opposite side of the side street right-of-way. For properties fronting on Ocean Drive,
the above mentioned additions shall not be visible when viewed at eye level from a
point 140 feet east of the front property line: for corner properties. said additions
shall not be visible when viewed at eye level from the opposite side of the side street
right-of-way. Placement and manner of attachment of additions (including those
which are adjacent to existing structures)are subject to Joint Design Review/Historic
Preservation Board approval. No Variance from thcsc this provisions shall be
granted. ; :' : : - - , ; , - .. ' . :::": -- , ; ;
fcaturcs arc cxcmptcd from thcsc rcquircmcnts.
SECTION 2. That Subsection 6-21, entitled "Regulation of Accessory Uses" of Section 6, entitled
"Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach,
Florida is hereby amended as follows:
6-21 REGULATION OF ACCESSORY USES
* * *
D. Mixed Use Entertainment District
1. General Provisions - Accessory Uses shall comply with the following
mandatory criteria in addition to the regulations contained in Section 6-21,
A and B:
a. All Structures shall conform to the South Florida Building Code,the
Miami Beach Property Maintenance Standards and the Fire
Prevention and Safety Code.
b. The existing Building and the proposed Improvements shall be built
in a manner that is substantially consistent with the design
recommendations in Neighborhood Plans for the area, if one exists,
and a Dcsign Rcvicw • . and the Secretary of the Interior Standards
for Rehabilitation and Guidelines for Historic Structures, U.S.
Department of the Interior(Revised 1983) and as amended.
c. The minimum and average Floor Area requirements for the units as
set forth in Section 6-16, Development Regulations, shall be met.
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d. If the Building or plans do not indicate compliance with sub-
paragraphs a, b and c above, then Accessory Uses are not permitted.
2. Permitted Accessory Uses:
a. Permitted Accessory Uses in Hotels:
(1) 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 sq. ft. per Hotel Unit.
(2) Hotels may have offices not associated with the operation of
a Hotel. The floor space associated with offices shall not
exceed 35 sq. ft. per Hotel Unit; medical or dental related
offices are prohibited.
(3) Restaurants, Outdoor Cafes, Sidewalk Cafes.
(4) 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 of Florida or other
appropriate agencies.
(5) Antiques, bookstore, art/craft galleries, artist studios.
(6) Sale of Alcoholic Beverages as per Section 12 of this
Ordinance.
(7) 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.
b. Permitted Accessory Uses In Apartment Buildings:
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(1) 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% 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.
(2) Restaurants, Outdoor Cafes, Sidewalk Cafes with Sale of
Alcoholic Beverages as per Section 12 of this Ordinance;
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(3) Solarium, sauna, exercise studio, health club or massage
service by an Individual licensed by the State of Florida or
other appropriate agencies.
c. Permitted Accessory Uses in Apartment Hotels:
Apartment Hotels may have the same Accessory Uses regulations as
Hotels if a minimum of 75% of the total number of units are Hotel
Units.
3. In addition to the regulations and Accessory Uses listed in Section 6-21,D.1
and 2 above, Structures located in the below areas shall comply with the
following:
a. Permitted Accessory Uses for Properties on Collins Avenue from 6th
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:
(1) Offices that are medical or dental related are prohibited.
(2) Offices are only allowed in existing Structures, otherwise,
they are prohibited.
(3) If a lobby is present or was originally constructed it shall be
retained or reinstated. Said lobby may be used for a reception
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area with no partitions; however, offices are not permitted in
the lobby.
(4) Commercial Uses, , Apartments, or Hotel Units either as a
main permitted Use or in any combination.
b. Permitted Accessory Uses for properties between Washington
Collins Avenue and 17th Strcct and for properties that front on Ocean
Terrace:
(1) Commercial Uses
(2) Offices. If the office space is located on the ground floor it
shall be 50 feet from any front property line facing a Street
and be consistent with paragraph 3.a.(1) and (2) above.
(3) At least 50%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.
SECTION 3. That Subsection 6-28, entitled "Modification of Height Regulations" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby amended as follows:
6-28 MODIFICATION OF HEIGHT REGULATIONS. (All Districts)
A The height regulations as prescribed in this Ordinance shall not apply to the following when
.--: ' - . . . .- .--: - : .' : • - when located on the roof of a Structure or
attached to the main Structure.
1. Belfries. 9.Metntmen
1. Air-conditioning. ventilation, 10. Ornamental towcrs and spircs.
electrical,plumbing equipment 1 Parapet walls, not to exceed
or equipment rooms 3.5 feet above the main roof
2. Chimneys and air vents. line unless otherwise approved
3. Church spircs. by the Design Review Board
4. Conveyors. up to a maximum of 25 feet in
5. Cooling towers. height.
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3. Decks. not to exceed 3 feet Planters, not to exceed 3 feet
above the main roof line and in height above the main roof
not exceeding a combined line.
deck area of 50 percent of the 9i-1-. Radio, and television, and
enclosed floor area cellular telephone towers Qr
immediately one floor below. antennasless than 125 feet in
4. Decorative structures used height.
only for ornamental or 10. Stairwell bulkheads.
aesthetic purposes such as 11. Skylights, not to exceed 5 feet
spires. domes, belfries, not above the main roof line.
intended for habitation or to 12. Smoke stacks.
extend interior habitable 12-1-3-. Stage towers or scenery lofts
space. Said structures shall not for theaters.
exceed a combined area of 1314. Tanks Swimming pools.,
twenty (20) percent of the whirlpools or similar
enclosed floor area structures. which shall have a
immediately one floor below. 4 foot wide walkway
56. Elevator bulkheads or elevator surrounding said structures,
mechanical rooms. not to exceed five feet above
7. Fire towers. the main roof line.
E$. Flag poles (subject to the 14. Trellis, pergolas or similar
provisions of Subsection 9- structures that have an open
3,B). rwof of cross rafters or
latticeu ork.
15. Water towers.
B. The height of all allowable items in Paragraph A above, unless otherwise specified,
shall not exceed twenty-five (25) feet above the height of the roof line of the main
Structure for districts that have a height restriction. In a district that does not have
a height restriction, the height of any of the above items shall be determined by the
Design Review Board or Joint Design Review/Historic Preservation Board, as
applicable, based upon the design criteria found in Section 18 (and Section 19, if
applicable) of this Zoning Ordinance. •--: : -- : . ' '
When any of the above items are free standing, they shall follow the height
limitations of the underlying zoning district(except flag poles which are subject to
Subsection 9-3.B). In a district that does not have a height restriction, the height of
any of the above items, when free standing, shall be determined by the Design
Review Board (or Joint Design Review/Historic Preservation Board when located
within a local Historic District or Historic Site),based upon the design criteria found
in Section 18 (and Section 19,as applicable) of this Zoning Ordinance.
C. Notwithstanding other provisions of these regulations,the height of all Structures and
natural growth shall be limited by the requirements of the Federal Aviation Agency
and any airport zoning regulations applicable to Structure and natural growth.
SECTION 4. 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
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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 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid,the remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the 21st day of
September 1996.
PASSED and ADOPTED this 11th day of Septemb , 1996.
MAYOR
ATTEST:
CITY CLERK
1st reading 7/17/96
2nd reading 9/11/96
Underlined=new language
Strikeout=deleted language
F:\FLAMSALL\DRAFT__ORI(dCITYCOM\MXESTBK4.WFD
DJG/JGG
MHFFINAL\4\10\96
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December 29,1994
January 31,1995
April 10,1995
May 25,1995
June 7,1995
July 7,1995
August 10,1995
August 22,1995
September 13,1995
October 19,1995
January 2,1996
March 18,1996
March 21,1996
August 16,1996
FORM APPROVED
LEGAL DEP .
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 512-9(O
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
September 11, 1996
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT:
Second Reading ublic Hearing-An Ordinance Amending Zoning Ordinance
No. 89-2665 by Amending Subsection 6-16, Entitled "MXE Mixed Use
Entertainment District" by Amending the Use Regulations Clarifying That Uses
Serving Alcoholic Beverages Are Accessory Uses Rather than Main Permitted
Uses,Modifying the Maximum Height Regulations,Modifying the Regulations
Pertaining to Commercial Uses in Buildings of Two Stories or less by Requiring
That Commercial Uses above the Ground Floor Shall Only Have Access from
the Interior of the Building, Amending the Limitation on Internal
Reconstruction of Buildings, Clarifying the Impact of One Story Additions on
Commercial Uses,and Modifying the Requirements from Which Variances May
Be Secured, Modifying the Setback Requirements, Clarifying the Setback for
Existing structures Being Substantially Renovated, And Modifying the
Regulations Pertaining to Rooftop Additions to Existing Buildings; Amending
Subsection 6-21, Entitled "Regulation of Accessory Uses" by Clarifying the
Provisions for Accessory Uses in the MXE District; Amending Subsection 6-28,
Entitled "Modification of Height Regulations(All Districts)" by Amending the
Type and List of Structures That May Project above the Main Roof Line, and
Modifying the Overall Height Regulations for the Allowable Items; Providing
for Inclusion in the Zoning Ordinance;Providing for Repealer,Severability and
an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission adopt on second reading the attached
amendment regarding the MXE District development requirements and the modification of height
regulations pertaining to rooftop projections citywide within Zoning Ordinance No. 89-2665; it
should be noted that the front and side facing street setbacks for non-oceanfront properties have
been modified within Table 6-16-D,based on discussions with representatives of the Miami Design
Preservation League (MDPL).
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AGENDA ITEM
DATE 9-I1-9 (�
BACKGROUND
The MXE District regulations that currently exist have proven not to be sympathetic to the historic
built environment of Ocean Drive and Collins Avenue in the Architectural District,as well as Ocean
Terrace in North Beach. Virtually every new construction project has required setback variances in
these areas in order to be developed in a manner which is more compatible with adjacent structures.
The subject amendment before you today regarding the MXE regulations and roof top projections
was part of a-previous amending ordinance heard by the Commission that also addressed the issue
of outdoor bar counters. At the public hearing of January 24, 1996,the City Commission instructed
staff to bifurcate that amendment into two individual amendments in order to address the items
separately and remanded the amendments back to the Planning Board for further review and study.
The MXE regulations were the topic of discussion at a workshop held by the Planning Board on
August 2, 1995 and a public hearing on October 24, 1995. At the first reading public hearing on
December 20, 1995 the Commission requested that the amendment be reviewed by the Historic
Preservation Board, Design Review Board and the South Point Advisory Board for comments prior
to the second reading public hearing that had been tentatively set for January 24, 1996.
Subsequently, due to comments and concerns raised by these municipal boards, the Commission
remanded the amending ordinance back to the Planning Board for further study and
recommendations regarding the regulations pertaining to the MXE District and the citywide height
regulations.
At the March 26, 1996 regular meeting of the Planning Board, the Board discussed the items at
length and hence the new regulations,as set forth,herein. On April 23, 1996 the Planning Board held
a public hearing and voted 5-0 (2 absentees) in favor of recommending adoption of the amending
ordinance as revised.
Prior to the Planning Board taking action, the Historic Preservation Board also reviewed the
amending Ordinance and suggested changes to the roof-top additions criteria and the setbacks for
lots within the MXE District in excess of 100 ft. in width;these changes were incorporated into the
amending ordinances.
On July 3, 1996, the Commission opened and continued the hearing to July 17, 1996.
At the July 17, 1996 meeting,the City Commission held the first reading public hearing. During the
public hearing, representatives from the Miami Design Preservation League (MDPL) expressed
some concerns regarding the proposed setbacks for new construction along Ocean Drive and Collins
Avenue. The Commission requested that Planning staff meet with MDPL representatives to address
their concerns. Subsequent to the public hearing the Planning Division met with members of MDPL
and modified the proposed amendment to satisfy most of their concerns, with changes indicated
herein, relative to Table 6-16-D.
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OVERVIEW
After extensive analysis of historic built conditions in the affected areas by the City's planning staff,
supplemented by comments and suggestions from the Historic Preservation Board, we believe the
proposed amending ordinance will address front,side and rear setbacks for non-oceanfront properties
in an appropriate manner. What has been proposed would provide for new construction(additions
to existing buildings,as well as new free standing structures) which would be more consistent and
compatible with the historic built environment. It is also proposed to create a height restriction of
75 ft. on Ocean Terrace in order for new development in that area to be more in keeping with the
average heights of existing structures in that area.
The modification of height regulations pertaining to rooftop projections is an issue in need of
clarification not only in the MXE District,but all zoning districts citywide,especially those that have
height limitations.
ANALYSIS
What follows is a section-by-section analysis of the proposed amending ordinance.
Section 1.
This section of the proposed amendment clarifies the reference to the serving of alcoholic beverages
as an accessory use only. This clarification would be consistent with the MXE district purpose to
encourage substantial restoration of existing structures by allowing eating and drinking
establishments as accessory uses. The serving or selling of alcoholic beverages was not intended
to be a main permitted use as currently listed in the main permitted uses for the MXE district.
It is important to note,that currently any existing building on Collins Avenue between 6th and 16th
Streets and those buildings two (2) stories or less fronting on Ocean Drive or Ocean Terrace may
contain commercial uses throughout the entire building with access from the exterior or interior to
the commercial uses above the ground level. The proposed amendment would restrict access to
these commercial uses from within the interior of the building only. This provision would help
preserve the architectural composition of the existing built environment by not permitting
commercial buildings that have or create upper floor catwalks for access.
This section also addresses development regulations within the MXE district. Maximum building
heights for buildings within the Architectural District would not be changed; however,properties
on Ocean Terrace would be limited to 75 ft. in height in order to be more compatible with the
surrounding existing building heights. For that same reason,the setback requirements are proposed
to be changed to reflect the existing historic built conditions. After meeting with representatives of
MDPL, the proposed amendment was modified to address some of their concerns.
3
Placement and manner of attachment of building additions, including those which are adjacent to
existing buildings,would be subject to joint Design Review/Historic Preservation Board approval.
The pedestal setback would remain at 10 feet,but for buildings on a lot of 100 feet in width or more
the setback would be 20 feet(Note: This is a change based on discussions with MDPL). However
if the building has a front porch running substantially the full width of the building front,the setback
would be 5 feet(Note: This is a change based on discussions with MDPL). The front porch depth
was changed from twenty feet to ten feet which is consistent with the depth of most existing historic
structure porches. In addition to the above, for Lots 100 feet in width or greater,the front setback
is proposed to be extended to include at least one open court with a minimum width of ten feet(10')
and a minimum area of three(3)square feet for every linear foot of lot frontage;this change is based
on discussions with MDPL. The creation of these open courtyards would allow for visual breaks
along the front facades of longer buildings, thereby creating the illusion of smaller structures in
keeping with the character of the surrounding area.
The setback requirements for a side yard facing a street have been changed for non-oceanfront
properties to a maximum of 25 ft. for lots 100 ft. in width or greater and 5 ft. for lots less than 100
feet in width. As an alternative to the above,non-oceanfront lots 100 feet or greater in width could
incorporate the following in order to have a 5 ft. side setback along a street:
1. A 10 ft. deep covered porch running substantially the full side length of the Building,
with a minimum floor to ceiling height of 12 feet, and,
2. One Court,open to the sky,with a minimum of 1,000 sq. ft. and a minimum average
depth of 20 feet from the side property line. The long edge of the courtyard shall be
along the side property line facing the street. The area of the Court shall be increased
by an additional 50 square feet for every 1 foot of Building Height above 30 feet as
measured from grade. (note: the 1,000 sq. ft. minimum has been increased from 750
sq.ft. and the 50 sq.ft.increments increased from 25 sq. ft.,based on discussion with
MDPL).
The aforementioned language relating to side porches and courts on corner properties was initially
refined in thorough consultation with the Historic Preservation Board and based upon the typical
built characteristic of other corner properties within the district. The minimum square footages have
been increased to further address continuity with Historic Properties in the districts.
The height restrictions for lots west of James and Park Avenue would be deleted since these areas
are to be re-zoned from MXE to RM-2 to conform with the amended Future Land Use Map(FLUM)
of the Comprehensive Plan. Height restrictions will be introduced at the time of the re-zoning to
RM-2 in order to maintain consistency with the 50 ft. height limitation now in place.
For existing Buildings with two (2) stories or less fronting on Ocean Drive or Ocean Terrace, the
construction of a new roof top one-story addition would require that Commercial Uses comply with
all provisions of Sub-section 6-21,D for accessory uses, unless a Variance from these provisions is
4
granted. For example,the existence of Commercial Uses on the ground floor which exceed 25% of
the floor area shall not,upon the construction of a new roof top addition, be deemed grandfathered
in and the percentage of Commercial uses on each floor must comply with Subsection 6-21,D,unless
a Variance is granted to waive this requirement.
The proposed amending ordinance would require that no existing building shall be internally re-
constructed to change the number of stories for the purpose of Commercial development except that
20%of each floor plate may be removed to create an open area or atrium. For example,a three story
building would not be permitted to be reconfigured into a two story building in order to take
advantage of the commercial development regulations for two-story buildings fronting on Ocean
Drive which permits these buildings to be wholly commercial establishments.
The maximum permitted height for non-oceanfront Buildings in the Ocean Drive/Collins Avenue
Local Historic District would not change from the currently maximum height of 50 feet. Currently,
existing non-oceanfront Buildings located between 5th and 15th Streets in this district shall only be
permitted to have habitable one-story rooftop additions. New language would restrict these new
additions to a maximum floor to ceiling height of 12 feet. Also, for properties fronting on Collins
Avenue, the additions would be required not to be visible when viewed at eye level (5'-6" from
Grade) from the opposite side of the adjacent right-of-way; for corner properties, said additions
would also not be visible when viewed at eye level from the diagonal corner at the opposite side of
the right-of-way and from the opposite side of the side street right-of-way. For properties fronting
on Ocean Drive, the above mentioned additions would be required not to be visible when viewed
at eye level from a point 140 feet east of the front property line (within Lummus Park); for corner
properties, said additions would not be visible when viewed at eye level from the opposite side of
the side street right-of-way (see Exhibit A, attached).
Placement and manner of attachment of additions (including those which are adjacent to existing
structures) are to be subject to Joint Design Review / Historic Preservation Board approval. No
variances could be granted for the visibility requirements. The provision exempting non-habitable
structural and mechanical additions or projections and design features from these requirements
would be removed.
Section 2.
The proposed language under the regulation of accessory uses would codify the requirement that the
Planning and Zoning Director shall determine those uses that are customarily associated with the
operation of a hotel. It should be noted that the reference to accessory uses for properties between
Washington Avenue, Washington Court, 21st Street, Liberty Avenue, 20th Street, Collins Avenue
and 17th Street are removed since this area is to be re-zoned from MXE to RM-2 based on the
change already in place on the Future Land Use Map.
5
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Section 3.
This section of the amendment clarifies the height regulations for roof-top projections in all districts
within the City. Of particular note are radio, television and cellular telephone towers or antennas
are limited to a maximum of 25 ft. above the roof line of the main structure. Previously, these
structures could project as high as 125 ft. above the height used to establish a require yard (ceiling
of highest habitable floor). The size of decorative structures such as domes belfries and spires is
clarified. This section also clarifies that swimming pools and their associated decks would be
permitted on rooftops, subject to a height limitation of 5 feet above the main roof deck.
Finally,when any of the listed items are free standing,they would be required to follow the height
limitations of the underlying zoning district. In a district without a height restriction,the height of
any of the listed items,whether or not they are free standing or atop a building would be determined
by the Design Review Board or Joint Design Review\Historic Preservation Board, if applicable,
based on review criteria found in Section 18 and Section 19, as applicable, of the current Zoning
Code, (except for flagpoles,which would be reviewed under Subsection 9-3B).
The last sections of the amendment provide for inclusion in the Zoning Ordinance, repealer,
severability and an effective date.
In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the City
Commission shall consider the following:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and
any applicable neighborhood or Redevelopment Plans;
Consistent- The amendment is compatible with the Comprehensive Plan, the Ocean
Drive\Collins Avenue Design Strategy Plan and the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Structures.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts;
Consistent- The amendment would not change the underlying zoning district for any
areas within the City.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the City;
Consistent- The amendment is in keeping with the overall goal of the City to preserve the
architectural scale and character of the built environment and foster new
development that is in keeping with the surrounding built environment.
6
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4. Whether the proposed change would tax the existing load on public facilities and
infrastructure;
Consistent- The LOS for the area public facilities and infrastructure should not be
negatively affected, if at all,by the proposed amending ordinance.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change;
Not Applicable - This review criteria is not applicable to this Zoning Ordinance
amendment.
6. Whether changed or changing conditions make the passage of the proposed change
necessary;
Consistent- The increasing development pressures within the MXE district has the
potential to effect negatively the character and integrity of the Architectural
District. Further, the increased construction activity of new buildings and
additions warrants that they be made more compatible with the existing
neighborhood in which they are built.
•
7. Whether the proposed change will adversely influence living conditions in the neighborhood;
Consistent- The proposed change should not negatively effect living conditions or the
Quality of Life for the surrounding properties. Indeed, the control of
commercial uses should help improve the Quality of Life for neighboring
properties where such uses are permitted. The change in development
regulations should provide for more pleasant visual experiences.
8. Whether the proposed change will create or excessively increase traffic congestion beyond
the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety;
Not Applicable - This review criteria is not applicable to this Zoning Ordinance
amendment.
•
9. Whether the proposed change will seriously reduce light and air to adjacent properties;
Consistent- The control of height restrictions should increase the availability of light and
air to adjacent properties.
10. Whether the proposed change will adversely affect property values in the adjacent area;
7
Consistent- We believe that property values would not be negatively affected by the
proposed amendment.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Consistent- The proposed amendment will not change the development regulations for
adjacent sites which must comply with their own site specific development
regulations. Furthermore, the proposed ordinance should not affect the
ability for an adjacent property to be developed in accordance with said
regulations.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
Not Applicable - The proposed amendment does not change the underlying zoning
district for any property.
13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a
district already permitting such Use;
Not Applicable - This review criteria is not applicable to this Zoning Ordinance
amendment.
CONCLUSION
Based on the foregoing,the Administration has concluded that the City Commission should adopt
the attached amending ordinance, inclusive of changes made to address concerns raised by MDPL,
on Second reading.
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