2014-3913 Ordinance FAENA DISTRICT OVERLAY
ORDINANCE NO. 2014-3913
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, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS"
ARTICLE III "OVERLAY DISTRICTS", CREATING DIVISION 9 "FAENA
DISTRICT OVERLAY", TO EXPAND THE ALLOWABLE USES IN THE FAENA
DISTRICT OVERLAY TO INCLUDE PLACE OF ASSEMBLY, RETAIL AND
GENERAL OFFICE AS A MAIN PERMITTED USE IN LIMITED
CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City desires to encourage private property owners to redevelop and
manage properties under common ownership comprehensively rather than piecemeal; and
WHEREAS, the common ownership, management and operation of the various
properties and uses will allow the various uses to harmoniously co-exist and be managed in a
cohesive manner; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development and the preservation and restoration of structures located within the Collins
Avenue corridor; and
WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the
large collection of contiguous properties owned and operated by the Faena Group that are
located in the RM-2 and RM-3 districts along Collins Avenue, between 32"d Street and 36th
Street; and
WHEREAS, the amendment set forth below is 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 Chapter 142, Article III entitled "Overlay Districts", Division 9 "Faena District
Overlay" is hereby created as follows:
DIVISION 9. FAENA DISTRICT OVERLAY
Sec. 142-871. Location and purpose.
The overlay regulations of this division shall apply to the properties identified in the Overlay Map
below:
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Location:
a) Lying East of Collins Avenue.
Et between.•32nd Street and 35th Street
b) Lyinlg Vilest of Collins between ) ' ,--J
33rd Street and 35th Street(excluding:. J
Lots Block.22;of the Ocean::Front /
Property..ofthe Miami Beach Improvement. N
Co. Subdivision):, 1
c) Lying:at the Northwestcorner:of Collins w A E
rn .Avenue and;35th:Street(Lots 10, 11 and 15,. " ,�
, Block 24.of the Ocean Front Property of the ' . r
Miami Beach Improvement Co. Subdivision).. S
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The purpose of this overlay district is to allow limited flexibility of uses and limited increases in
heights because of the common ownership and operation of the properties within the overlay
district.
Sec. 142-872. Definitions.
For this Division, the following definitions shall apply:
1. "Place of assembly" shall mean an establishment that may have fixed seating, that is not
used for retail sales and service, restaurant, office or hotel, and may include a "hall for
hire" use whether for a private event or a public event.
"Hall for hire" shall mean an establishment which rents space and may provide tables,
chairs, catering, decor, or sound systems in order to hold or host a private event.
2. A place of assembly may provide dancing and serve alcoholic beverages and food
associated with an event, but shall not operate or be licensed as a "stand alone"
alcoholic beverage establishment, entertainment establishment, bar, dance hall, or
restaurant. A single entity may not lease the place of assembly for more than 20 days,
per calendar year.
Sec. 142-873. Compliance with regulations.
The following overlay regulations shall apply to the Faena District Overlay. All development
regulations in the underlying regulations shall apply, except as follows:
One (1) place of assembly may be permitted as a main permitted use, within the areas
that have an underlying zoning designation of RM-2, in accordance with the following
minimum requirements:
i. There shall be no outdoor live or outdoor amplified music.
ii. Except as may be required for fire or Florida Building Code/Fire Safety Code
purposes, no speakers of any kind shall be affixed to, installed, or otherwise
located on the exterior of the place of assembly.
iii. The interior sound system shall be installed in such a manner as to contain
sound levels completely within the facility at all times. The equipment and
installation plan for the sound system, including the location of all speakers and
sound level controls, shall be submitted for review and approval by the Planning
Department pursuant to the conditional use review guidelines of section 118-192.
Ninety (90) days after obtaining the certificate of occupancy, the sound system(s)
in the facility shall be tested by a qualified acoustic professional, and a report
shall be submitted to the Planning Department for review and approval.
iv. A vestibule, consisting of at least two (2) sets of doors, shall be installed at every
exterior access point into the place of assembly.
v. Normal operating hours are from 7:30 AM to 12:00 AM, Sundays through
Wednesdays; and 7:30 AM to 2:00 AM, Thursdays through Saturdays, unless
otherwise approved by the Planning Board, in accordance with Chapter 118,
Article IV of the City Code. After normal operating hours, the place of assembly
shall remain closed and no patrons or other persons, other than those employed
by the establishment, shall remain therein.
vi. The place of assembly shall have security staff posted outside of the place of
assembly building, on the private property, at least one hour prior to the start
time during, and one hour after the ending time, of any event in excess of 250
persons, which occur prior to 9:00 PM; and for all events which occur on or after
9:00 PM, regardless of the number of persons in attendance;
vii. After 9:00 PM, no patrons shall be allowed to queue on any public rights-of-way,
or anywhere on the exterior premises of a place of assembly, with the exception
of exterior premises fronting Collins Avenue. Security staff shall monitor the
crowds to ensure that they do not interfere with the free-flow of pedestrians on
the public sidewalk.
viii. Security staff shall monitor patron circulation and occupancy levels during; and
one hour after, the hours of operation for events in excess of 250 persons, which
occur prior to 9:00 PM; and for all events which occur on or after 9:00 PM,
regardless of the number of persons in attendance.
i c Prior to the issuance of a certificate of occupancy, the owner/operator shall
submit an operational plan and narrative for the place of assembly, subject to the
review and approval of the Planning Department pursuant to the conditional use
review guidelines of section 118-192. Such plan shall include, but not be limited
to: full details of the operation, deliveries, sanitation, security and crowd control.
x. Street flyers and handbills shall not be permitted, including but not limited to
those from third-party promotions.
xi. Deliveries shall only be permitted between 8:00 AM and 5:00 PM on weekdays
(Monday through Friday), and 9:00 AM and 5:00 PM on weekends (Saturday and
Sunday), unless otherwise approved by the Planning Board, in accordance with
Chapter 118, Article IV of the City Code.
xii. Trash pick-up shall only be permitted between 8:00 AM and 5:00 PM on
weekdays (Monday through Friday) and 9:00 AM and 5:00 PM on weekends
(Saturday and Sunday), unless otherwise approved by the Planning Board, in
accordance with Chapter 118, Article IV of the City Code. Trash pick-up shall
take place on a daily basis while the place of assembly is in operation. All trash
containers shall utilize rubber wheels, as well as a path consisting of a surface
finish that reduces noise, and all trash dumpsters shall be closed at all times
except when in use.
xiii. The owner/operator shall be responsible for maintaining the areas adjacent to the
facility, including but not limited to the sidewalk, and public rights-of-way. At a
minimum, these areas shall be kept free of trash, debris and odor, and shall be
swept and hosed down at the end of each business day.
xiv. All valet parking ramps, vehicles for hire, including but not Imited to taxis, drop-off
and pick-up shall occur within the confines of the private property. Valet parking
ramps, vehicles for hire, including but not limited to taxis, drop-off and pick-up
shall be prohibited on City streets, sidewalks and public rights-of-way, unless
otherwise approved by, respectively, the Planning and Parking Departments, with
notice to adjacent and across the street property owners, in accordance with the
review standards of Chapter 118, Article IV of the City Code. A contract with a
valet operator shall be submitted to the Parking Department for review and
approval prior to the City's issuance of a certificate of occupancy.
xv. If the owner or operator of the place of assembly is issued six (6) or more valid
code enforcement violations within a 12 month consecutive period, or fails to
comply with the requirements of these regulations, the place of assembly shall
fall under the purview of the Planning Board and may be reviewed, modified, or
terminated for noncompliance after Planning Board review, in accordance with
Section 118-194, of the City's Code. The 12 month consecutive period would
start upon the date of the issuance of the first valid violation and would renew
ever 12 months thereafter. A citation that is dismissed, withdrawn or successfully
appealed to the Special Master shall not be considered valid.
xvi. The Planning Director shall conduct periodic, six month reviews, of operations of
the place of assembly use, commencing at the issuance of the certificate of
occupancy. Should the Planning Director find a material or substantial violation
of these regulations or impact to the community not in compliance with the above
regulations, the place of assembly shall be reviewed by the Planning Board, in
accordance with the review standards of Section 118-194, of the City Code.
Within the areas that have an underlying zoning designation of RM-2, the main permitted
use within an existing "Contributing" structure or replication of a `Contributing' structure
are:
i. Retail.
ii. Office.
iii. Restaurants with an aggregate interior square footage not to exceed 1,750
square footage.
Within the areas that have an underlying zoning designation of RM-2, restaurants
exceeding an aggregate interior square footage of 1,750 square feet, and located within
an existing "Contributing" structure or replication of a `Contributing' structure, shall
require conditional use approval, in accordance with Chapter 118, Article IV of the City
Code.
Within the areas that have an underlying zoning designation of RM-2, offices are a
permitted accessory use to a place of assembly and a parking garage, whether a main
use parking garage (commercial or non-commercial) or an accessory parking garage.
Within the areas that have an underlying zoning designation of RM-2, there shall not be
any open air entertainment establishments or outdoor entertainment establishments.
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 be and the same are hereby repealed.
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 /7 day of ,Dec.n1 be r , 2014.
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- CITY CLERK
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City Attorney Date
First Reading: October 22, 2014
Second Readi g: Decem er 17, 014 (j'O
Verified by:
Thomas Mooney, AIC
Planning Director
Underscore denotes new language
Strikethceuglti-denotes removed language
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