Ordinance 2020-4382 Wolfsonian Arts District—LDR
Ordinance No. 2020-4382
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED
"LAND DEVELOPMENT REGULATIONS," BY AMENDING
CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED
"DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY
AMENDING SECTION 142-309, ENTITLED "WASHINGTON
AVENUE DEVELOPMENT REGULATIONS AND AREA
REQUIREMENTS," BY CREATING SECTION 142-309.1,
ENTITLED "WOLFSONIAN ARTS DISTRICT," TO ADOPT
FLOOR AREA RATIO, HEIGHT, AND SETBACK
REGULATIONS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, Miami Beach native Mitchell Wolfson Jr. amassed a word-class collection of
artifacts, collectibles, and art that traces society's transition during one of the greatest periods of
growth and change humanity has ever known between 1850 and 1950, commonly referred to as
the Modem Age; and
WHEREAS, the collection was originally stored and amassed in the Washington Storage
Company building, a Mediterranean Revival building constructed in 1927 that is a beacon of
history and culture in Miami Beach; and
WHEREAS, Mitchell Wolfson Jr. founded the Wolfsonian Foundation, which purchased
the former Washington Storage Company building to showcase the collection for the benefit of
the public, and to attract researchers and scholars from around the world to Miami Beach; and
WHEREAS, in 1992, renowned architects Mark Hampton and William Kearns masterfully
renovated and expanded the Washington Storage Company building as a state-of-the-art
museum and research center to serve as an iconic landmark of Miami Beach's historic Art Deco
District(hereinafter referred to as the "Wolfsonian"); and
WHEREAS, in 1997, the Wolfsonian was generously gifted to Florida International
University, which greatly increased opportunities for community engagement, as well as
expanded the Wolfsonian and Florida International University's cultural and scholarly influence;
and
WHEREAS, in 2009 and 2012 the Wolfsonian was recognized as a world-class cultural
institution and awarded grants from the Andrew W. Mellon Foundation and James L. Knight
Foundation to expand access to the collection and increase cultural enrichment opportunities both
physically and online; and
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WHEREAS, the City of Miami Beach seeks to enrich and sustain cultural institutions such
as the Wolfsonian that solidify Miami Beach as a center of history, culture, and design; and
WHEREAS, in order to expand its programs, including children's and education programs,
increase community and scholarly engagement with the arts, encourage greater online and
physical access, and grow the collection, the Wolfsonian seeks to renovate and expand its prized
Washington Avenue building; and
WHEREAS, the previous expansion, and renovation that permitted the proliferation of the
Wolfsonian as an influential cultural institution in combination with the zoning regulations
applicable to the property depleted the development rights available for the planned and funded
future expansion of the Wolfsonian; and
WHEREAS, the City previously created development regulations specific to Washington
Avenue pursuant to the input and recommendations of the Mayor's Washington Avenue Blue
Ribbon Task Force; and
WHEREAS, consistent with the City's efforts,the Wolfsonian has contributed to the locally
designated Historic District and the improvement of conditions on Washington Avenue; and
WHEREAS, the proposed expansion of the Wolfsonian presents a unique opportunity for
the City to encourage engagement with the City's historic and artistic roots; and
WHEREAS, the Wolfsonian property is located within the CD-2 District that fronts on the
east side of Washington Avenue and is uniquely situated to serve as the Wolfsonian Arts District;
and
WHEREAS, the proposed zoning regulations applicable to the Wolfsonian Arts District will
allow for increased Floor Area Ratio and modified setback requirements to reflect the unique
opportunity for enhancement of a thriving cultural institution; and
WHEREAS, the proposed zoning regulations applicable to the Wolfsonian Arts District will
not impact the surrounding properties and will incentivize establishment of arts and cultural
institutions in the City; and
WHEREAS, City Charter Section 1.03(c) provides as follows:
The floor area ratio of any property or street end within the City of
Miami Beach shall not be increased by zoning,transfer, or any other
means from its current zoned floor area ratio as it exists on the date
of adoption of this Charter Amendment [November 7, 20011, . . .
unless any such increase in zoned floor area ratio for any such
property shall first be approved by a vote of the electors of the City
of Miami Beach; and
WHEREAS, this Ordinance increases the FAR for certain properties within the Wolfsonian
Arts District from an FAR of 1.5 to maximum FAR of 3.25; and
WHEREAS, accordingly, the adoption of this Ordinance is subject to the approval of the
City's voters in a Citywide referendum; 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. Chapter 142, "Zoning Districts and Regulations," at Article II, entitled "District
Regulations," at Division 5, entitled "Commercial Medium Intensity District" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE II
DISTRICT REGULATIONS
* * *
DIVISION 5
CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-309.1 —The Wolfsonian Arts District
fal The following regulations shall apply to properties that front Washington Avenue between
10th Street and 11th Street. In the event of a conflict within this division, the criteria below shall
apply:
The purpose of these regulations is to enrich and sustain a long-standing cultural
institution that preserves history and offers educational opportunities to the residents
of the City.
The maximum floor area ratio shall be 3.25 for the following properties located on the
east side of Washington Avenue: Lots 9, 10, 11, 12, and 13, within Block 30, of the
plat of Ocean Beach Addition No. 2, recorded in Plat Book 2, Page 56, of the Public
Records of Miami-Dade County.
The maximum building height shall be 75 feet.
a4) The setbacks shall be as follows:
a. Front:
i. Subterranean: Zero (0)feet.
ii. Ground level: Zero (0)feet.
b. Rear:
i. Subterranean: Zero (0)feet.
ii. Ground level: Zero (0)feet.
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c. Side, facing a street:
i. Subterranean: Zero (0)feet;
ii. Ground level: Zero (0)feet
d. Side, interior:
i. Subterranean: Zero (0)feet,
ii. Nonresidential uses: Zero (0) feet;
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. 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 Miami
Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish
such intention, and the word "ordinance" may be changed to "section," "article," or other
appropriate word.
SECTION 5. EFFECTIVE DATE. c�
This Ordinance shall take effect on the / day of DeceP4be( 2020.
ATTEST: < Dan Gelber, Mayor
(2/I�/Zct�(
Rafael E. Granado, City Clerk APPROVED AS TO FORM AND
LAN UAGE AND FOR EX CUTION
ca. c
rj tit_ (J
City Attorney Q�Date
First Reading: July 29, 2020 `v
Second Reading: Decem•-r , 0 0
•
Verified by: ,,,
Thomas R. Moone 7F, AICP
s
Planning Director IN(ORP ORATED
!
T:1Agenda12020\07 July\Planning\Wolfsonian Arts District-LOR-First Reading ORD.docx 21-1'•
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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: December 9, 2020
9:20 a.m. Second Reading Public Hearing
SUBJECT:WOLFSONIAN ARTS DISTRICT- LDR
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTJCLE II,
ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," BYAMENDING SECTION
142-309, ENTITLED "WASHINGTON AVENUE DEVELOPMENT
REGULATIONS AND AREA REQUIREMENTS," CREATING SECTION 142-
309.1, ENTITLED "WOLFSONIAN ARTS DISTRICT' TO ADOPT FLOOR
AREA RATIO, HEIGHT,AND SETBACK REGULATIONS PERTAINING TO A
UNIQUE CULTURAL INSTITUTION; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On May 13, 2020, at the request of Commissioner David Richardson, the City Commission
referred the item to the Land Use and Sustainability Committee (LUSC)and the Planning Board
(Item C4B). On May 26, 2020, the LUSC recommended that the Planning Board transmit the
proposal to the City Commission with a favorable recommendation.
ANALYSIS
PLANNING ANALYSIS
In November 2004, as part of the Building Better Communities General Obligation Bonds
(BBC-GOB), Miami-Dade County voters approved 10 million dollars for The Wolfsonian—FIU
to add 25,000 square feet of new publicly accessible space. As a result, the Wolfsonian-F I U is
proposing a renovation and expansion of its existing Museum at 1001 Washington Avenue. Due
to the amount of floor area used for the main structure in the early 1990's, coupled with the
citywide downzoning in the late 1990's, the site of the Wolfsonian-F I U is legal non-conforming in
terms of allowable FAR.
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In order to accommodate this request, the Wolfsonian-F I U is seeking the following
amendments:
1.A companion comprehensive plan amendment to establish the Wolfsonian Arts District on the
future land use map and increase the FAR within the district.
2. The subject LDR amendment establishing the Wolfsonian Arts District to increase the
maximum FAR to 3.25 and modify development regulations.
Since the current FAR limitation is 1.5, the increase to 3.25 would be subject to voter approval
in a general referendum. Additionally, the proposed ordinance amends the development
regulations within the Wolfsonian Arts District. Specifically, the ordinance modifies the front,
rear, and side setbacks to 0 feet. The ordinance also increases the height limit from 55 feet to
75 feet. The existing Washington Avenue regulations allow for heights up to 75 feet but only on
lots with a width greater than 100 feet. The proposed height is therefore consistent with the
allowable heights within the vicinity.
CITY CHARTER
In order to amend the Land Development Regulations of the City Code to allow an increase in
zoned floor area, pursuant to City Charter Section 1.03(c), approval of the City's voters is
required. The following is the language in Section 1.03(c):
The floor area ratio of any property or street end within the City of Miami Beach shall not be
increased by zoning, transfer, or any other means from its current zoned floor area ratio, unless
any such increase in zoned floor area ratio for any such property shall first be approved by a
vote of the electors of the City of Miami Beach.
An increase in zoned FAR includes, but is not limited to, modifications of the definition of floor
area, amendments to the exclusions of floor area and a direct increase in the FAR number. The
proposed ordinance required a ballot question as it would result in an increase in zoned FAR
"by zoning, transfer, or any other means" pursuant to City Charter Section 1.03(c).
PLANNING BOARD REVIEW
On June 24, 2020 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
On July 29, 2020, the City Commission approved the subject ordinance at first reading and
scheduled second reading for December 9, 2020, subject to voter approval of the proposed
FAR increase. Additionally, the City Commission adopted Resolution No. 2020-31352 to place
a ballot question on the City's November 3, 2020 ballot.
Pursuant to Resolution No. 2020-31352, the following ballot question was submitted to the
City's voters:
Floor Area Ratio Increase from 1.5 to 3.25 for Proposed Wolfsonian Arts District.
Floor area ratio ("FAR') is used by City to regulate the overall size of a building. Any
increase to a property's zoned FAR requires voter approval under Charter Section 1.03(c).
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Shall City adopt ordinance increasing FAR from 1.5 to a maximum of 3.25, and limiting
maximum height to 75 feet, for properties within proposed Wolfsonian Arts District, generally
located at northeast corner of Washington Avenue and 10th Street, and located within CD-2
zoning district?
On November 3, 2020, the ballot question was approved by 64 percent of the City's voters.
Therefore, the subject ordinance can be considered for adoption by the City Commission.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner David Richardson
ATTACHMENTS:
Description
❑ LD R - Form Approved O R D
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