2016-4061 Ordinance 2016-4061
COLLINS PARK ARTS DISTRICT OVERLAY
(As Amended at 11-9-16 CC)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE III, "OVERLAY DISTRICTS," DIVISION 7,
"CULTURAL ARTS NEIGHBORHOOD DISTRICT OVERLAY (CANDO)," BY
RENAMING THE DISTRICT AS THE "COLLINS PARK ARTS DISTRICT
OVERLAY," REDUCING THE BOUNDARIES OF THE OVERLAY DISTRICT,
PERMITTING OUTDOOR ENTERTAINMENT ESTABLISHMENTS AS A MAIN
PERMITTED USE WITHIN AREAS WITH AN UNDERLYING CD-2
"COMMERCIAL, MEDIUM INTENSITY DISTRICT" AND CD-3 "COMMERCIAL,
HIGH INTENSITY DISTRICT" ZONING DESIGNATION, PERMITTING
RESTAURANTS, SIDEWALK CAFES, AND OUTDOOR ENTERTAINMENT AS
ACCESSORY USES FOR HOTELS WITHIN AREAS WITH AN UNDERLYING
RM-2, "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY" ZONING
DESIGNATION, AND REMOVING REGULATIONS FOR MINIMUM AND
AVERAGE UNIT SIZE AND MIXED USE FLOOR AREA RATIO (FAR)
INCENTIVES; AMENDING CHAPTER 122 OF THE CITY CODE, ENTITLED
"CONCURRENCY MANAGEMENT," AUTHORIZING THE CITY COMMISSION
TO EXEMPT TEMPORARY USES IN THE PUBLIC RIGHT OF WAY IN THE
COLLINS PARK ARTS DISTRICT OVERLAY FROM CONCURRENCY
REQUIREMENTS BY RESOLUTION; AMENDING CHAPTER 82 OF THE CITY
CODE, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-
WAY;" DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, ENTITLED
"PERMIT," EXEMPTING SIDEWALK CAFES LOCATED IN THE COLLINS
PARK ARTS DISTRICT OVERLAY FROM SQUARE FOOTAGE SIDEWALK
CAFE FEES; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
WHEREAS, on October 17, 2007, the City established the Cultural Arts Neighborhood
District Overlay (CANDO); and
WHEREAS, few developments have taken advantage of the CANDO incentives for
- cultural arts worker housing; and
WHEREAS, the Collins Park Neighborhood Association has expressed a desire to
further encourage art and entertainment related uses; and
WHEREAS, the City desires to encourage the establishment of arts and entertainment
related establishes within the Collins Park Neighborhood within close proximity to the Bass
Museum of Art and the Miami City Ballet, which are some of the City's primary cultural
institutions; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
Page 1 of 6
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
Article III, "Overlay Districts," Division 7 is hereby amended as follows:
DIVISION 7. - CULTURAL COLLINS PARK ARTS DISTRICT OVERLAY
(CANDO)
Sec. 142-854. - Location and purpose.
(a) The overlay regulations of this division shall apply to properties within the following
boundaries, which shall be known as the cultural Collins Park arts need district
overlay (CANDO): - - - -- - - _ • .•-e - - -- _ • -- •_ " - •_ - • ' . - -- - 'e
east The southern lot lines of properties fronting the south side of 20th Street on the south;
Washington Avenue on the west; the Dade Canal and Lake Pancoast on the north; and
properties fronting the west side of Collins Avenue on the east; as depicted in the map
below. - �
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(b) The purpose of this overlay district is to provide land-use incentives to property owners,
developers and commercial businesses to - -- - - - _ _ - • _ _ . - -- - - - - -,
encourage arts-related businesses to establish within the district,
Page 2 of 6
Sec. 142-855. -mss-Reserved. •- - - - - •-
Sec. 142-856. -Compliance with regulations.
The following overlay regulations shall apply to the CANDO Collins Park Arts District Overlay
digit. All development regulations in the underlying zoning district shall apply, except as
follows, and for any regulations in conflict, the following shall control:
Laj Outdoor entertainment establishments shall may be a-main approved as a conditional
use by the Plannina Board in areas with an underlying CD-2 or CD-3
zoning designation, and subject to the following additional regulations:
(1) Outdoor entertainment shall commence no earlier than 10:00 a.m.
(2) Outdoor entertainment shall cease no later than 10:00 p.m. on Sundays through
Thursdays, and midnight on Fridays and Saturdays.
(3) For purposes of this subsection, outdoor entertainment shall be limited to non-amplified
string instruments, and solo vocalists, as-well-as or disk jockeys playing recorded music.
All such aforementioned entertainment and music shall not exceed ambient, background
levels, unless otherwise approved by the Planning Board through the Conditional Use
process.
Qutdoor entertainment shall talay be approved as a
conditional use by the Planning Board a permitted as an accessory use to a hotel use, in
areas with an underlying RM-2 zoning designation, subject to the following regulations:
(1) Sidewalk cafes shall be limited to 30 seats.
(2) Restaurants shall not exceed 3,000 square feet.
(3) Outdoor entertainment shall commence no earlier than 10:00 a.m.
(4) Outdoor entertainment shall cease no later than 10:00 p.m. on Sundays through
Thursdays, and midnight on Fridays and Saturdays.
Page 3 of 6
(5) For purposes of this subsection, outdoor entertainment shall be limited to non-amplified
string instruments and-solo vocalists, or disk jockeys playing recorded music. M_us_is
shall not exceed ambient, background levels.
Outdoor entertainment shall not be located above the ground floor.
(d� Notwithstanding the requirements of subsections (a) and-(b) above, neighborhood impact
establishment occupancy thresholds, as defined in Section 142-1361, ,
shall not be exceeded unless approved by the Planning Board.
.. _ - -
(2) Existing units being rehabilitated, where the cost of construction would require the units to
shall be exempt from meeting the average unit cizc of 550 square fcct if 25 percent of the
• 1 1, „ •- •_-
within-file-same-unit
mandatBry-driteria:
{2) The owner of the property shall execute and record in the public records of Miami Dade
.. .
Page 4 of 6
-- - - - -- - - - - - - -- - - --
{5) The profits of the re sale of residential units sold to cultural arts workers or other income
SECTION 2. That Chapter 122 of the City Code, entitled "Concurrency Management," is hereby
amended as follows:
Sec. 122-5. - Exemptions from concurrency.
The following types of development are not required to obtain a preliminary concurrency
determination or a final concurrency reservation certificate:
(9) Temporary uses in public rights-of-way, as determined by the city commission by
resolution, specifying geographic areas, criteria, and duration of exemption, where such
uses front on or are north of 63rd Street, er—on Washington Avenue from 6th Street to
Lincoln Road, or in the Collins Park Arts District Overlay as defined in Section 142-854.
SECTION 3. That Chapter 82 of the City Code, entitled "Public Property;" Article IV, entitled
"Uses in Public Rights-of-Way;" Division 5, entitled "Sidewalk Cafes;" Subdivision II, entitled
"Permit;" is hereby amended as follows:
Sec. 82-383. - Permit fee; penalties for late payment; review of fee; exception.
(a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix
A, and shall be based on a per square foot calculation of permitted sidewalk area
(including the area between the tables and chairs).
sidewalk Sidewalk cafes that contain up to 30 seats within the Collins Park Arts
District Overlay as defined in Section 142-854 are exempt from paying the square foot
fee identified herein.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
Page 5 of 6
SECTION 5. CODIFICATION.
It is the intention of the City Commission, 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, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED and ADOPTED this 9 day of flowrA”be✓ , 2016_
Philip Levine •
/1 MAYOR ,', /
ATTEST:
I / 12/SI/
Rafael E. ranado
''''' a..q q,v 1,11
CITY CLERK
Azy. . E,q 1,��11 APPROVED AS TO
'# ORM AND LANGUAGE
�. \g FAR EXE' TION•..V1A:INCORP'v fy Attor - , Date
First Reading: October 19, 2016'••. ,.\. .•.• p�
Second Reading: November 9, 2016 #'9R'''•• '' '� .
Verified by: l
Thomas R. Mooney, Al /'•
Planning Director
Underscore denotes new language
Striketheugh denotes deleted language
BOLD and Double Underscore denotes language added at 2nd Reading
(Sponsored by Commissioner Ricky Arriola)
T:\AGENDA\2016\November\Planning\Collins Park Arts District Overlay-Second Reading ORD FINAL AMENDED.docx
Page 6 of 6
Ordinances - R5 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 9, 2016
5:01 p.m. Second Reading Public Hearing
SUBJECT: COLLINS PARK ARTS DISTRICT OVERLAY:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS,"ARTICLE III, "OVERLAY DISTRICTS," DIVISION 7, "CULTURAL
ARTS NEIGHBORHOOD DISTRICT OVERLAY (CANDO)," BY RENAMING THE
DISTRICT AS THE "COLLINS PARK ARTS DISTRICT OVERLAY," REDUCING
THE BOUNDARIES OF THE OVERLAY DISTRICT, PERMITTING OUTDOOR
ENTERTAINMENT ESTABLISHMENTS AS A MAIN PERMITTED USE WITHIN
AREAS WITH AN UNDERLYING CD-2 "COMMERCIAL, MEDIUM INTENSITY
DISTRICT" AND CD-3 "COMMERCIAL, HIGH INTENSITY DISTRICT" ZONING
DESIGNATION, PERMITTING RESTAURANTS, SIDEWALK CAFES, AND
OUTDOOR ENTERTAINMENT AS ACCESSORY USES FOR HOTELS WITHIN
AREAS WITH AN UNDERLYING RM-2, "RESIDENTIAL MULTIFAMILY, MEDIUM
INTENSITY' ZONING DESIGNATION, AND REMOVING REGULATIONS FOR
MINIMUM AND AVERAGE UNIT SIZE AND MIXED USE FLOOR AREA RATIO
(FAR) INCENTIVES;AMENDING CHAPTER 122 OF THE CITY CODE, ENTITLED
"CONCURRENCY MANAGEMENT," AUTHORIZING THE CITY COMMISSION TO
EXEMPT TEMPORARY USES IN THE PUBLIC RIGHT OF WAY IN THE COLLINS
PARK ARTS DISTRICT OVERLAY FROM CONCURRENCY REQUIREMENTS BY
RESOLUTION; AMENDING CHAPTER 82 OF THE CITY CODE, "PUBLIC
PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY;" DIVISION 5,
"SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT," EXEMPTING
SIDEWALK CAFES LOCATED IN THE COLLINS PARK ARTS DISTRICT
OVERLAY FROM SQUARE FOOTAGE SIDEWALK CAFE FEES; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
Page 383 of 906
On May 11, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred
the subject item to the Land Use and Development Committee (Item C4L). On May 18, 2016,
the Land Use and Development Committee continued the item to the June 15, 2016 meeting,
and directed the administration to bring back a draft ordinance in accordance with the proposal
submitted by the Collins Park Neighborhood Association. On June 15, 2016, the Land Use
Committee discussed the draft ordinance and recommended that the City Commission refer the
item to the Planning Board.
On July 13, 2016, the City Commission referred the proposed Ordinance Amendment to the
Planning Board for consideration and recommendation (Item C4H).
ANALYSIS
On October 17, 2007, the City established the Cultural Arts Neighborhood District Overlay
(CANDO). The purpose of this overlay district was to provide land-use incentives to property
owners, developers and commercial businesses to create affordable housing for cultural
workers and encourage arts-related businesses to establish within the district, and to create
definitions and mandatory requirements for new construction and rehabilitation of housing units.
However, few developments have taken advantage of the CANDO incentives for cultural arts
worker housing. Since the overlay has not fully had the intended effect, the Collins Park
Neighborhood Association has suggested the modifications in this memorandum to the overlay
in order to further encourage arts and entertainment related uses through different measures.
The Collins Park Neighborhood contains some of the City's premier cultural institutions including
the Bass Museum of Art, the Miami City Ballet, and the Miami Beach Regional Library. As such,
it is an appropriate location to encourage the establishment of arts and entertainment related
uses.
The attached ordinance includes several modifications that are intended to encourage arts and
entertainment related uses within a smaller area than what is covered by the current CANDO
boundaries. Since the change in the boundary will limit the overlay to the Collins Park
neighborhood, the Collins Park Neighborhood Association proposed that the overlay be
renamed the Collins Park Arts and Entertainment District Overlay. Maps of the existing
CANDO and the proposed Collins Park Arts and Entertainment District Overlay boundaries are
attached to the memorandum.
The City is presently studying potential policy incentives and development regulations for the
creation of workforce housing citywide. The proposed amendment, removes existing
regulations regarding housing for cultural workers, which to date have not been utilized.
However, this will prevent any potential conflicts and redundancy should a citywide workforce-
housing policy initiative move forward.
The ordinance amendment proposes the following incentives and regulations to encourage art
and entertainment uses within the proposed boundaries:
® Allow Outdoor Entertainment Establishments as a main permitted or accessory use in
areas with an underlying CD-2 or CD-3 zoning designation subject to the following:
o Outdoor entertainment shall commence no earlier than 10:00 a.m.
o Outdoor entertainment shall cease no later than 10:00 p.m. on Sundays through
Page 384 of 906
Thursdays, and midnight on Fridays and Saturdays.
o For purposes of this subsection, outdoor entertainment shall be limited to non-
amplified, string instruments, or solo vocalists, as well as DJ's playing recorded
music at background levels.
• Allow Restaurants, Sidewalk Cafes, and Outdoor Entertainment as a permitted accessory
use to a hotel uses, in areas with an underlying RM-2 zoning designation, subject to the
following:
O Sidewalk cafes shall be limited to 30 seats.
o Restaurants shall not exceed 3,000 square feet.
O Outdoor entertainment shall commence no earlier than 10:00 a.m.
o Outdoor entertainment shall cease no later than 10:00 p.m. on Sundays through
Thursdays, and midnight on Fridays and Saturdays.
o For purposes of this subsection, outdoor entertainment shall be limited to non-
amplified, string instruments, or solo vocalists, as well as DJ's playing recorded
music at background levels.
• Encourage arts related businesses.
• Exemption of Concurrency Fees for Sidewalk Cafes containing up to 30 seats
• Exemption of Permit Fees for Sidewalk Cafés containing up to 30 seats
The Land Use Committee was supportive of the draft ordinance and recommended that the
boundaries of the CANDO district be revised to extend northward to Collins Canal and Lake
Pancoast, and that an accommodation for the inclusion of the existing hotels east of Collins
Avenue be explored. Additionally, the Committee recommended that allowable music meeting
the definition of 'Entertainment' be played or performed at ambient, background levels and that
such music include amplified music.
PLANNING BOARD REVIEW
On October 14, 2016 the Planning Board (by a 4-0 vote) transmitted the proposed ordinance
amendment with a modification to the City Commission with a favorable recommendation. The
modification is to section 142-856 (a)(3), as follows:
(3) For purposes of this subsection. outdoor entertainment shall be limited to non-
amplified string instruments,an-d-solo vocalists, as wcll as or disk jockeys playing
recorded music. All such aforementioned entertainment and music shall not exceed
ambient, background levels, unless otherwise approved by the Planning Board through
the Conditional Use process.
UPDATE
The subject ordinance was approved at First Reading on October 19, 2016, inclusive of the
above noted Planning Board clarification. A minor, non-substantive text change, for consistency
with the Planning Board recommendation, has also been included in the Second Reading draft
of the proposed ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Page 385 of 906
FINANCIAL INFORMATION
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
❑ Ad
❑ Ordinance - Form Approved 2nd Reading
Page 386 of 906
THURSDAY 74NC I NEIGHBORS I NNMHERALDCWIH 71'0.5
MIAMI EACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
AN ORDINANCE AMENDING CHAPTER 142 -
ZONING DISTRICTS AND REGULATIONS
COLLINS PARK ARTS DISTRICT OVERLAY
NOVEMBER 9, 2016
NOTICE IS HEREBY given that a Second Reading. Public Hearing, will be heard by the
Mayor and City Commission of the City of Miami Beach,Florida,In the Commission Chamber,
3d Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on November 9,
2016 at 5:01 p.m.,or as soon thereafter as the matter can be heard,to consider the adoption
of the following Ordinance:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,BY AMENDING
CHAPTER 142,"ZONING DISTRICTSAND REGULATIONS,"ARTICLE III,"OVERLAYDISTRICTS,`
DIVISION 7, "CULTURAL ARTS NEIGHBORHOOD DISTRICT OVERLAY (CANDO)," BY
RENAMING THE DISTRICT AS-THE"COLLINS PARK ARTS DISTRICT OVERLAY," REDUCING
THE BOUNDARIES OF THE OVERLAY DISTRICT,PERMITTING OUTDOOR ENTERTAINMENT
ESTABLISHMENTS AS A MAIN PERMITTED USE WITHIN AREAS WITH AN UNDERLYING
CD-2 "COMMERCIAL, MEDIUM INTENSITY DISTRICT" AND CD-3 `COMMERCIAL, HIGH
INTENSITY DISTRICT' ZONING DESIGNATION, PERMITTING RESTAURANTS, SIDEWALK
CAFES, AND OUTDOOR ENTERTAINMENT AS ACCESSORY USES FOR HOTELS WITHIN
AREAS WITH AN UNDERLYING RM-2. "RESIDENTIAL MULTIFAMILY. MEDIUM INTENSITY°
ZONING DESIGNATION, AND REMOVING REGULATIONS FOR MINIMUM AND AVERAGE
UNIT SIZE,AND MIXED USE FLOOR AREA RATIO.(FAR)INCENTIVES;AMENDING CHAPTER
122 OF THE CITY CODE, ENTITLED'CONCURRENCY MANAGEMENT,"AUTHORIZING THE
CITY COMMISSION TO EXEMPT TEMPORARY USES IN THE PUBLIC RIGHT OF WAY IN
THE COLLINS PARK ARTS DISTRICT OVERLAY FROM CONCURRENCY REQUIREMENTS
BY RESOLUTION; AMENDING CHAPTER 82 OF THE CITY CODE, "PUBLIC PROPERTY,•
ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY;" DIVISION 5, "SIDEWALK CAFES,"
SUBDIVISION II, ENTITLED "PERMIT;" EXEMPTING SIDEWALK CAFES LOCATED IN THE
COLLINS' PARK ARTS DISTRICT OVERLAY'FROM SQUARE FOOTAGE SIDEWALK CAFE
FEES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND
AN EFFECTIVE DATE.
This Ordinance is being heard pursuant to Section 118-164 of the City's Land Development
Code.Inquiries may be directed W the Planning Department at 305.673.7550.
INTERESTED PARTIES are Invited to appear at this,meeting,or be represented.by an agent,
or to express their views in writing addressed to the•City Commission, c/o the City Clerk,
1700 Convention Center Drive. 1" Floor,City Hall,Miami Beach, Florida 33139.These Items
are available for public inspection during normal business hours in the Office of the City
Clerk, 1700 Convention Center Drive, 1 Floor, City Hall, Miami Beach, Florida:33139. This
meeting, or any Item herein, may be continued, and under such circumstances, additional
legal notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat.,the.City hereby advises the public that,If.a person
decides to appeal any decIslon made'by the.City Commission with respect to.any matter
considered at its meeting or its hearing,such person must ensure that a-verbatim.record of
the proceedings Is made,which record Includes the.testimony.and evidence upon which the
appeal Is to be based.-Thls notice does"not constitute.consent by the City.for the
or admisslon,of,otherwlse.inedmIssible or Irrelevant evidence,nor does;it;authorize challenges
or appeals not.otherwlse'allowed by law.
To requestthis material in.aiternate format-sign language interpreter,(five=day notice required),
information:on access•for'persons with disabilities,and/or any accommo;datlon;to.reviewany
document or participate In any CIty-sponsored proceedings,ca11.305.604:2489.and select 1
for English or'2 for-Spanish,then option.6;TT.Y--users.may call-via 711 (Florida-.Relay-Service).
Rafael E. Granado,CltyClerk
City of Miami Beach
Ad'1237
Page 387 of 906