2004-25517 Reso
RESOLUTION NO. 200~-25517
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING
TO CONSIDER AN AMENDMENT TO THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS;" DIVISION 13, "MXE, MIXED USE
ENTERTAINMENT DISTRICT," SECTION 142-542, "CONDITIONAL
USES," TO INCLUDE PUBLIC AND PRIVATE CULTURAL
INSTITUTIONS OPEN TO THE PUBLIC, AND BANQUET FACILITIES
AS CONDITIONAL USES IN THIS ZONING DISTRICT.
WHEREAS, the purpose of the Mixed Use Entertainment (MXE) as stated in the
Comprehensive Plan of the City of Miami Beach provides opportunities to enhance the
desirability and quality of existing and/or new mixed use areas which accommodate residential,
hotel and commercial development; and
WHEREAS, the City of Miami Beach wishes to amend certain development regulations
in order to include a new Conditional Use in the MXE district that would permit a public or
private cultural institution such as a museum, or banquet facilities; and
WHEREAS, the amendment set forth below is necessary to accomplish the above
objective.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT a first reading
public hearing is hereby set to be held before the City Commission on April 14, 2004.
PASSED AND ADOPTED this 17th day of March.
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CITY CLERK
APPROVED AS TO FORM
& LANGUAGE & FOR EXECUTION
JdilJ'}Jvt~
City Attorney ~
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Date
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CITY OF. MIAMI'BEACH
COMMISSION ITEM SUMMARY
~
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting a public
hearing to consider an amendment to the Code of the City of Miami Beach, by amending the Land
Development Regulations of the City Code, Chapter 142, "Zoning Districts And Regulations;" Division
13, "MXE, Mixed Use Entertainment District," Section 142-542, "Conditional Uses," to include public
and private cultural institutions open to the public, and banquet facilities as Conditional Uses in this
zonina district.
Issue:
The list of permitted or conditional uses in the MXE district currently does not include public and private
cultural institutions open to the public, and banquet facilities. The proposed amendment would add these
uses as a Conditional Use.
Item SummarvlRecommendation:
The proposed ordinance will include public and private cultural institutions open to the public and banquet
facilities. The proposal also includes a definition for banquet facilities.
The Administration recommends that the City Commission set a first reading public hearing for a time
certain on April 14, 2004.
Adviso Board Recommendation:
At the February 24, 2004 meeting of the Planning Board, a motion was made and seconded recommending
that the City Commission approve the proposed ordinance as amended by the Board. The vote was 5-0
(two members absent). The Planning Board also requested that a definition for banquet facilities be part of
the ro osed ordinance.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Ci Clerk's Office Le islative Trackin
Mercy Lamazares / Jorge G. Gomez
Si n-Offs:
Department Director
Assistant City Manager
City Manager
T:\AGENDA\2004\Mar1704\Regular\1632 - MXE set pblc hrg sum 3-17-04.doc
AGENDA ITEM
DATE
C7G-
3 -/ 7-0 C(
"
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and Date: March 17,2004
Members of the City Commission
Jorge M. Gonzalez ~~
City Manager G
Conditional Uses in the MXE - Setting of public hearing
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING TO CONSIDER AN AMENDMENT TO THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE,
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS;"
DIVISION 13, "MXE, MIXED USE ENTERTAINMENT DISTRICT,"
SECTION 142-542, "CONDITIONAL USES," TO INCLUDE
PUBLIC AND PRIVATE CULTURAL INSTITUTIONS OPEN TO
THE PUBLIC, AND BANQUET FACILITIES AS CONDITIONAL
USES IN THIS ZONING DISTRICT.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Cornmission set a first reading public hearing
for a time certain on April 14, 2004.
BACKGROUND AND ANALYSIS
The MXE mixed use entertainment district is located along Ocean Drive and Collins
Avenue, from 5th Street to 16th Street, and also along Ocean Terrace in North Beach.
This zoning district is designed to encourage the substantial restoration of existing
structures and allow for new construction. The main permitted uses in the MXE district
are hotels, multi-family residential, and limited commercial uses. No other uses are
currently permitted,
The City Administration had been approached by the owners of the Gianni Versace
mansion at Ocean Drive and 11th Street, who were exploring the possibility of
converting the mansion into a house museum. However, this type of use is not
specified by the Code as permitted within the MXE district. An ordinance to amend the
permitted uses, to permit public and private cultural institutions as a conditional use
within the MXE district, was proposed.
At the September 10, 2003 meeting, the City Commission referred the proposed
ordinance, which would permit public and private institutions, to the Planning Board.
The Planning Board reviewed the rnatter at a public hearing on September 30, 2003
CommmsronMemomndum
March 17, 2004
Public and private cultural institutions and banquet facilities in MXE
Page 2
and made a minor modification to the public and private institutions so that they are
"open to the public." The Board voted 5-0 (2 mernbers absent) to recommend to the City
Cornrnission approval of this request.
Subsequently, the owners of the Versace mansion have further investigated the
possibility of opening the house to the public as a museum. Unfortunately, they have
concluded that the unique construction of the home, which features steps, walkways
and corridors at many different levels, is not in compliance with the Americans with
Disabilities Act, and the type of modifications necessary to bring the structure in
compliance would compromise the historical integrity of the home. Therefore, rather
than proposing a public institution for the property, the owners have now decided that
the proper use of the facility would be as a banquet hall. Evidently, there is less of a
requirernent to retrofit a portion of the building for this use in order to comply with ADA
than there would be as a house rnuseurn. Therefore, the proposed ordinance has been
revised to include both banquet halls, and public and private institutions, as permitted
within the MXE zoning district. It is this revised ordinance that is being brought back to
the Planning Board for review.
PLANNING BOARD ACTION
At the February 24, 2004 meeting of the Planning Board, a motion was made and
seconded recommending that the City Commission approve the proposed ordinance
with a minor modification - to include a definition for "banquet facilities." The ordinance
has been amended to reflect the requested change.
CONCLUSION
Pursuant to Section 118-164(2), in all cases in which the proposed amendment
changes the actual list of permitted, conditional or prohibited uses within a zoning
category, two advertised public hearings on the proposed ordinance are required, with
at least one hearing held after 5:00 p.m. on a weekday.
The first public hearing shall be held at least seven days after the day that the first
advertisement is published. The second public hearing shall be held at least ten days
after the first hearing and shall be advertised at least five days prior to the public
hearing.
Immediately following the public hearing at the second reading, the City Commission
may adopt the ordinance by an affirrnative vote of five-sevenths of all members of the
City Commission.
JMG/C'MC7JGG/ML
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