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RESOLUTION 92-20665 RESOLUTION NO. 92-20665 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER A RECOMMENDATION OF THE PLANNING BOARD ON THE FOLLOWING: AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, BY AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT" BY PROHIBITING THE INTERNAL RECONSTRUCTION OF EXISTING BUILDINGS OF MORE THAN TWO STORIES LOCATED ON OCEAN DRIVE AND OCEAN TERRACE TO CREATE TWO STORIES OR LESS FOR COMMERCIAL PURPOSES, BY AMENDING THE HEIGHT RESTRICTIONS FOR NON-OCEANFRONT BUILDINGS IN THE OCEAN DRIVE/COLLINS AVENUE HISTORIC DISTRICT, AND BY PROVIDING THAT NO VARIANCES SHALL BE GRANTED FROM THE AMENDED PROVISIONS; AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-21, ENTITLED "REGULATION OF ACCESSORY USES" BY RESTRICTING CERTAIN ACCESSORY USES ON PROPERTIES FRONTING ON JAMES AVENUE AND INDIAN CREEK DRIVE AND BY RESTRICTING THE LOCATION OF RETAIL SPACE, ENTRANCES AND DISPLAY WINDOWS FOR PROPERTIES LOCATED ON OCEAN DRIVE; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, these amendments to Zoning Ordinance 89-2665 will assist in maintaining the appearance and character of the area in question and will promote development that is in keeping with the City' s planning goals and objectives for the MXE District; and, WHEREAS, the Planning Board of the City of Miami Beach held a public hearing on October 27 , 1992 and voted 7-0 to recommend in favor of this amendment to Zoning Ordinance 89-2665 ; and, WHEREAS, said action of the Planning Board has been duly transmitted to the City Commission pursuant to Section 14 , entitled "Changes and Amendments" of Zoning Ordinance No. 89-2665, and Section 14 requires that a public hearing be held by the City Commission to hear the Planning Board ' s recommendation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of the aforementioned amendment to the Zoning Ordinance is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall , 1700 Convention Center Drive, Miami Beach, Florida, on December 16, 1992 , beginning at 2:00 p.m. and the City clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of general circulation of the City of Miami Beach, at which time and place all int ted parties will be heard. PASSED AND ADOPTED th s 8th day of Nove 'bo r, 1992 . P Ad ' #, / r , rYOR 1( ATTEST: i----K7,/,kpkAA- -7-..gyvv.,,,, CITY CLERK FORM APPPr commisn\resMXE. 92 LEGAL D By -- S) Date s_ ._ii-I'---?-2- • CITY OF MIAMI B 1!!!]:::11 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 TELEPHONE: (305) 673-7010 OFFICE OF THE CITY MANAGER FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. (05g-01 November 18, 1992 TO: Mayor Seymour Gelber and DATE: Members of the City Commission FROM: Roger M. Carl ' City Manager �(A ..- SUBJECT: PROPOSED AMENDMENTS TO ZONING ORDINANCE 89-2665 ; MXE MIXED USE ENTERTAINMENT DISTRICT REGULATIONS - SETTING OF PUBLIC HEARING ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission set a first reading public ublic hearing on these proposed amendments to the MXE Mixed Use Entertainment District regulations for December 16, 1992 . BACKGROUND Administration is requesting the City Commission to consider The amendments to Subsection 6-16 "Mixed Use Entertainment District" istict"the Zoning Ordinance clarifying the regulations dealing with buildings s of two stories or less fronting on Ocean Drive and Ocean amending Terrace and bythe height restrictions of non-oceanfront buildings s in the Ocean Drive/Collins Avenue Historic District. Further, to consider amendments to Subsection 6-21 "Regulationof Accessoryby Uses" restricting certain accessory uses on properties frontingon James Avenue and Indian Creek Drive and by restricting the location of retail space, entrances and display windows of properties located on Ocean Drive. The amendments to be considered represent an evolution of the thinking and discussions of many people relating to the City' s g existing MXE regulations and how they might be modified to address growing concerns about certain types of development occurring generally in this district and more specifically on Ocean Drive, Collins Avenue, Ocean Terrace, James Avenue and Indian Creek Drive. Several meetings have been held to discuss, shape and modify these amendments, as described below. Staff believes that the wording of thep resented amendments accurately reflects the consensus opinions formed on each issue and that they represent sound planning principles les in the proper control and regulation of future development within the MXE District. Based on several design and land use issues raised by the Ocean Drive Association and the City's Historic Preservation Board, the Miami Beach Development Corporation (MBDC) first convened on Art Deco District Design Colloquium on May 5, 1992 , The recommendations that evolved from that lively session focused primarily on: limitingadditions to existing buildings so as not to be visible from the street; restricting the height of enclosed building spaces; prohibiting retail uses to front on Ocean Drive; 46 AGENDA ITEM DAT E • and not permitting new storefronts to be created in building in the area between Ocean Drive and the alley to the east of Washington Avenue, including the side streets. There were also related recommendations on the replacement of the Parking Impact Fee Program in the District and the enforcement of building maintenance and design review requirements in the area. The next meeting to be held on the subject was on June 11, 1992 when the Land Use Committee of the City Commission and the Planning Board met jointly. The agenda for this meeting had two components. First, the restriction of the kind and appearance of uses in the MXE District, including the types of retail uses which are the appropriateness of MXE as a zoning undesirable.• Second, City. A motion was made to regulation in certain parts of the District area, examine the MXE designation in the Museum ictZea, particularly on James Avenue and Indian Creek Drive between and 44th Streets. Serious concern was raised relative to the development of accessoryretail and outdoor cafes in these areas and the potential negativeimpact these uses could have on the quiet residential character of the respective neighborhoods. The points made at the MBDC Design Colloquium were re-iterated, in terms of what at length and refined should be examined in amendingthe Zoning Ordinance. The Planning Board directed so staff to prepare an amendment package and to schedule a workshop that the recommended changes could be reviewed and discussed by the Board prior to holding a public ublic hearing. It was agreed, further, that parking is a serious problem in the Architectural District, but that any solutions should be coordinated through the City • Force and examined Parking Task as a comprehensivefated to parking would, package. Any zoning amendments re im rovement of much larger P therefore, represent only a portion program to come at a later date. the Planning Or. September 29, 1992 , Board held its workshop to MXE r• �,. �, regulations. There ` draft amendments to the District r egulations. review the and further was considerable discussionrefinement to the amendments being proposed.osed. Votes were taken on each proposed change and the Ordinance that appears before the Board today represents the collectivethoughts thou hts of as those in attendance to why the MXE District at the workshop. Staff made a strong case and on Indian Creek Drive should remain in place in the Museum Area tshowever, it (Collins Avenue) from 25th to 44th Streets; recommended, certain further, that restrictions be placed in locations to regulate accessory retail and outdoor eating uses in order to protect the residential character of the surrounding areas. itsmeeting o f October 27 , 1992 voted 7-0 to The Planning Board, at The Board added recommend approval of the proposed amendments. further languagethat permitted in Sub-Section 6-16.C. to clarify uses in buildings with two stories or less on Ocean Drive and Ocean buildings Terrace refers only to thoseexisting at the time of the 6-16.E, the Board Sub-Section's adoption. under Sub-Sectione further clarified ied language to make it clear that theregulations contained, thereinrelate only to existing non ocean ron t , buildings. ANALYSIS The amendments, as proposed, are fairly straight forward and require little explanation. Nonetheless, the following is provided to assist in comprehending the Ordinance: Subject Amended Sub-SectionExplanation Maximum Building References made to 6-16B.7 Height. new Sub-section 6- 16E to amend height restrictions in certain areas of the MXE District. • 6-16C Permitted Uses in Clarifying language certain existing on permitted uses Buildings. in buildings on Ocean Drive and Ocean Terrace; to qualify, the buildings must exist at the time of the Sub- Section's adoption. 6-16C.4 Internal Re- There have been construction of several proposals buildings on Ocean to demolish the Drive/Ocean interiors of Terrace. buildings that are 3 + stories on Ocean Drive and re- construct them as 2 story buildings in order to qualify for full commercial use; this amendment would prevent such a project from being undertaken. 6-16C. 5 No variances for Variances would not this Permitted Use be granted for any Sub-Section. of the provisions of this Sub- Section, permitting a structure to be used entirely for retail, office, eating or drinking uses. 6-16E. Maximum height in Would permit Ocean Drive/Collins maximum height in Avenue Historic the district for District. new non-oceanfront buildings remain at 50 ft. However, any habitable roof- top addition to an existing building between 5th and 15th Streets could only be one-story and constructed as not to be visible from the street. Multi-story, ground floor additions can be constructed, but also only if they are not visible from the street. No variances would be granted to the provisions; height restrictions would not be applicable to non-habitable structural and mechanical additions or projections. 4e . I; 6. 21D.2 .a. Permitted Accessory On Ocean Drive C1) Area in Hotels - would restrict Retail Space. retail location to be 50 ft. from front property line; accessible only from lobby; limitation of exterior display windows and entrances. 621D.2 .a• ) Permitted Accessory Would prohibit (3 Uses in Hotels - outdoor and Outdoor Cafes & sidewalk cafes on Sidewalk Cafes. or in front of properties on James Avenue and Indian Creek Drive. 6-21D.2 .b. Permitted Accessory Same as 6-21 C1) Uses in Apartment D.2 .a. ('1) above, Buildings - Retail but for apartment Space. buildings. 6.21D.2 .b. (2) Permitted Accessory Same as 6-21 Uses in Apartment D.2a. (3) above, but Buildings - Outdoor for apartment & Sidewalk Cafes. buildings. 6-21D. 3 .b. Additional For retail and at (1) Regulations for restaurant uses at Accessory Uses - these locations, James Avenue & theywould be IIndiandiQn Creek. permitted, but accessible only through the lobby. CONCLUSION The Planning Board, bya vote of 7-0, has recommendedapproval of these proposed amendments to MXE District regulations. Said regulations will assist in maintaining the appearance and character of the areas in question and should promote development that is in keeping with the City's planning goals and objectives for this zoning category. Accordingly, the City Administration has concluded that the CityCommission should proceed to set a first reading public hearing on this matter. DJG:gf a: \commism\MXEreg.92 r 45 Fit RESOLUTION NO. 92-20665 Calling a public hearing to consider a 4111 recommendation of the Planning Board on the following: Amending Comprehensive 44 • Zoning Ordinance No. 89-2665, byamending g §6, "Schedule of District Regulations", • {