Ordinance 2019-4271 ADMINISTRATIVE REVIEW OF OPERABLE STOREFRONTS
ORDINANCE NO. 2019-4271
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE VI, "DESIGN REVIEW PROCEDURES," AT
SECTION 118-260, ENTITLED "ADMINISTRATIVE REVIEW PROCEDURES,"
TO AUTHORIZE THE ADMINISTRATIVE REVIEW OF OPERABLE
STOREFRONTS AND/OR FACADE ALTERATIONS UTILIZING AN EXTERIOR
COMPONENT WITHIN THE STOREFRONT; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, City Code Section 118-260 identifies specific design review applications
that may be approved administratively by the City's Planning Department; and
WHEREAS, the City Commission desires to amend City Code Section 118-260 to
authorize the Planning Department to administratively review certain storefront modifications
that do not materially modify the design of existing buildings, including the installation of
operable storefronts to replace fixed storefront systems and other modifications; and
WHEREAS, many commercial enterprises in the City currently have exterior
components separated by a fixed storefront systems, and
WHEREAS, several commercial enterprises in the City have expressed a desire to
modify their fixed storefronts with operable systems, in order to seamlessly expand their interior
space and merge indoor and outdoor spaces and uses; and
WHEREAS, the regulations proposed herein will promote a more vibrant and active
street experience and create a high-quality pedestrian-oriented streetscape and facade design,
all of which will encourage more "eyes on the street" and enhance public safety; and
WHEREAS, these regulations will enhance the built environment of the City, and will
make the public realm more inviting and accommodating to pedestrians; and
WHEREAS, these administrative reviews will streamline the process for commercial
enterprises seeking to do business in the City; and
WHEREAS, these regulations will accomplish the aforestated goals, and ensure that the
public health, safety and welfare are preserved.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
1
SECTION 1. Chapter 118 of the City Code, "Administration and Review Procedures," Article
VI, "Design Review Procedures," is hereby amended as follows:
CHAPTER 118
ADMINISTRATIVE AND REVIEW PROCEDURES
ARTICLE VI. — DESIGN REVIEW BOARD
* * *
Sec. 118-260. -Administrative review procedures.
(a) The planning director or the director's designated representative;shall have the authority
to approve, approve with conditions,, or deny an application on behalf of the board, for
the following:
(1) Ground level additions to existing structures, not to exceed two stories in
height, which are not substantially visible from the public right-of-way, any
waterfront or public park. For those lots which are greater than 10,000 square
feet, the floor area of the proposed addition may not exceed ten percent of the
floor area of the existing structure or primary lot, whichever is less, 'with a
maximum total floor area not to exceed 5,000 square feet.
(2) Replacement of windows, doors, storefront frames and windows, or the
approval of awnings, canopies, exterior surface colors, storm shutters and
signs.
(3) Facade and building alterations, renovations and restorations which are minor
in nature.
Modifications to storefronts and/or facade alterations in commercial zoning
districts that support indoor/outdoor uses, which are compatible with the
architecture of the building, except for vehicular drive-through facilities. Such
modifications may include the installation of operable window and entry
systems such as pass-through windows, take-out counters, sliding or folding
panel doors, french doors, or, partially-transparent overhead-door systems.
Applications submitted pursuant to this subsection (a)(4) shall comply with the
following regulations:
a. the property shall not be located within 300 feet of any residential zoning
district, measured following a straight line from the proposed operable
storefront of the commercial establishment to the nearest point of the
property designated as RS, RM, RMPS, RPS, RO or TH on the city's
zoning district map; and
b. the extent of demolition and alterations to the facade of the building shall
not permanently alter the character of the building's architecture by
removing original architectural features that cannot be easily replaced, or
by compromising the integrity of the architectural design.
2
Should the proposed storefront modification not comply with any of the above
regulations, the proposed modifications to storefronts and/or façade alterations
shall require design review board review and approval.
12 Modifications to storefronts and/or facade alterations utilizing an exterior
component within the storefront and/or façade, which are compatible with the
architecture of the building (including, without limitation, the installation of walk-
up teller systems and similar 24/7 ATM-style pickup openings, dr ry cleaning
drop-off and pick-up kiosks, and similar self service facilities; but excluding
vehicular drive-through facilities). Any new openings shall be architecturally
compatible with the building and minimally sized to facilitate the transfer of
goods and services.
(4)n Minor demolition and alterations to address accessibility, life safety, mechanical
and other applicable code requirements.
{5)W Minor demolition and alterations to rear and secondary facades to
accommodate utilities, refuse disposal and storage.
{6)(8) Minor work associated with the public interiors of buildings and those interior
portions of commercial structures which front a street or sidewalk.
ma Minor work involving public improvements upon public rights-of-way and
easements.
{8)(10) Minor work which is associated with rehabilitations and additions to existing
buildings, or the construction, repair, or rehabilitation of new or existing walls,
at-grade parking lots, fences.
{9)(11)Applications related to exterior balcony, terrace, porch and stairway rails on
existing buildings, which have become nonconforming as it 'pertains to
applicable Florida State Codes, and which have been issued a violation by an
agency or city department responsible for the enforcement of Florida Statutes
associated with life 'safety codes. Modifications required to address compliance
with applicable state life safety codes shall be consistent with the original design
character of the existing rails, and may include the introduction of secondary
materials such as fabric mesh, solid panels and glass panels.
The director's ,decision shall be based upon the criteria listed in this article. The applicant may
appeal a decision of the planning director, pursuant to the procedural requirements of Section
118-9.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance'may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
3
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 S day of 7tiht' , 2019.
dllie:;'dllia'
ATTEST: - -
Mayor Dan Gelber
\j/
Rafael E. raal, CI y Clerk
First Reading: May 8, 2019 APPROVED AS TO
Second Reading: June 5, 2019 FORM & LANGUAGE
& FOR EXECUTION
(Sponsor: Co issioner cky r •la0
....ja ,�-' -1-4� i
Ic2,City Attorney Wit- .
Verified by:
Thomas R. Mooney, AIT'
Planning Director
T:Wgenda\2019\05 May\Planning\Operable Storefront Admin Review-First Reading ORD.docx
111
'4, -.INCORP ORATED: ,A_
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Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 5, 2019
10:15 a.m. Second Reading Public Hearing
SUBJECT:ADMINISTRATIVE REVIEW OF OPERABLE STOREFRONTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE VI, "DESIGN REVIEW PROCEDURES," AT
SECTION 118-260, ENTITLED "ADMINISTRATIVE REVIEW
PROCEDURES," TO AUTHORIZE THE ADMINISTRATIVE REVIEW OF
OPERABLE STOREFRONTS AND/OR FACADE ALTERATIONS UTILIZING
AN EXTERIOR COMPONENT WITHIN THE STOREFRONT; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
HISTORY
On January 16, 2019, at the request of Commissioner Ricky Arriola, the City Commission
referred the subject discussion to the Land Use and Development Committee (LUDC) for
consideration and recommendation (item R9N). On February 20, 2019 LUDC meeting, the item
was discussed and continued to the March 6, 2019 meeting, with direction to staff to draft an
ordinance allowing for an administrative review process for operable storefronts.
On March 6, 2019 the LUDC recommended that the City Commission refer the proposed
ordinance to the Planning Board, with an additional modification to increase the minimum
distance separation from residential districts to 300 feet. On April 10, 2019 the City
Commission referred the proposed ordinance to the Planning Board for review and
recommendation (Item C4 R).
PLANNING ANALYSIS
Under the Land Development Regulations (L DR's)of the City Code, any exterior improvements
or modifications proposed for buildings that are located in commercial or multi-family zoning
districts require the review and approval of the Design Review Board. Sec. 118-260 of the
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LDR's contains certain exterior improvements that may be reviewed at staff level, such as the
replacement of windows, doors, storefront frames and windows. Currently, such administrative
review does not extend to alterations to storefronts or façades that would substantially alter the
window and door systems from the original configurations.
Glass garage doors, retractable or telescopic wall systems and sliding glass doors are
sometimes used to create operable storefronts, primarily on restaurants or cafés, as they allow
for a more seamless merger of indoor and outdoor seating for patrons, as well as the blending
of interior and exterior spaces. This can directly lead to a more vibrant and active street
experience and create a quality pedestrian-oriented streetscape and facade design with more
eyes on the street to enhance the sense of security. These building enhancements also lead to
increased facade transparency.
This discussion pertains to the current regulations for operable storefronts, which require the
review and approval of the Design Review Board (DRB). In order to allow for administrative
review of operable storefronts, an amendment to Sec. 118-260 would be required to modify the
administrative review procedures relating to storefronts, openings, façade alterations of existing
commercial buildings, as well as new construction. Such a modification would expand the review
powers of the Planning Director, or designated representative, to have the authority to approve
operable storefronts administratively on behalf of the DRB. This would provide staff with more
flexibility to review modifications to commercial storefronts that endeavor to provide an indoor
/outdoor component.
In looking at different ways the current regulations could be modified, one concern identified by
staff is the proximity of an operable storefront to residential zoning districts. In this regard, as
operable storefronts can, potentially, generate more noise and activity than a conventional
storefront, certain safeguards would be recommended. The DRB, when reviewing applications
for operable storefronts, will typically include conditions related to noise, queuing and, in some
instances, hours of operation. As DRB meetings are noticed to all property owners within 375
feet, affected persons tend to participate in the review discussions at the DRB.
The following are the specific proposed revisions to Section 118-260 of the city code that would
allow for administrative review of operable storefronts:
Sec. 118-260. -Administrative review procedures.
(a) The planning director or designated representative, shall have the authority to approve,
approve with conditions or deny an application on behalf of the board, for the following:
***
(4) Modifications to storefronts and/or façade alterations in commercial zoning districts that
support indoor/outdoor uses, with the exception of vehicular drive-through facilities, and
which are compatible with the architecture of the building.This may include the installation of
operable window and entry systems such as pass-through windows, take-out counters,
sliding or folding panel doors, french doors, or partially-transparent overhead-door systems.
Additionally, compliance with the following shall be required:
a. the property shall not be located within 300 feet of any residential zoning district,
Page 528 of 868
measured following a straight line from the proposed operable storefront of the commercial
establishment to the nearest point of the properly designated as RS, RM, RMPS, RPS, RO
or TH on the city's official zoning district map;
b. the extent of demolition and alterations to the façade of the building shall not permanently
alter the character of the architecture by removing original architectural features that cannot
be reversed, as well as by compromising the integrity of the architectural design.
Should the proposed storefront modification not meet any of the above, the proposed
modifications to storefronts and/or façade alterations shall require design review board
review and approval.
(5) Modifications to storefronts and/or façade alterations utilizing an exterior component
within the storefront and/or façade, and which are compatible with the architecture of the
building; this may include the installation of walk-up teller systems and similar 2417 ATM-
style pickup openings, dry-cleaning drop-off and pick-up kiosks, and similar self service
facilities. Any new openings shall be architecturally compatible with the building and
minimally sized to facilitate the transfer of goods and services. This shall not apply to
vehicular drive-through facilities.
This proposal is specific to those properties that are currently subject to design review approval
and would allow for administrative review of more substantial alterations to commercial façades.
The DRB process for an operable storefront system is at least three months in length, and
costs approximately $5,000.00. By allowing for administrative review in commercial districts, it
would be less onerous on a business owner, and allow for a more streamlined process.
Additionally, staff will be tasked with a more detailed review of any operable storefront proposal,
as not all would be the same. This is important because the demolition and alteration of a
building facade can, potentially, modify the character of the architecture by removing certain
original features that cannot be reversed, as well as by compromising the integrity of the
architectural design. If staff determined that a particular operable storefront proposal
compromised the architectural integrity of a building, the owner would still have the option of
making an application to the DRB:
I n those zoning districts and neighborhoods where residential and commercial uses co-exist
next to each other, or within the same building, the compatibility issues are part of the DRB
review process. While a mix of uses in buildings can promote active, urban and pedestrian-
friendly streetscapes, they can also create acoustical and quality of life issues. Specifically, a
number of commercial districts in the City are immediately adjacent to residential zoning
districts. To address potential compatibility issues, the draft ordinance, as noted above, contains
a minimum distance separation requirement from residential zoning districts of 300 feet, for
operable storefronts that can be approved administratively.
Also, more specific design criteria are provided, and the planning director's decision must be
based upon the criteria listed in the code. The applicant may still seek approval for an operable
storefront application from the design review board, or appeal a decision of the planning director
pursuant to the procedural.requirements of section 118-9. The proposal herein is not applicable
to properties located within a locally designated historic district or site.
Page 529 of 868
PLANNING BOARD REVIEW
On April 30, 2019, the Planning Board held a public hearing and transmitted the ordinance to the
City Commission with a favorable recommendation by a vote of 7-0.
UPDATE
The subject ordinance was approved at first reading on May 8, 2019, with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
❑ Ordinance
Page 530 of 868