Ordinance 93-2830ORDINANCE NO. 93-2830
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, 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; PROVIDING FOR INCLUSION IN THE
ZONING ORDINANCE; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, an Art Deco Design Colloquium was first convened on May 5,
1992, to discuss and recommend changes to the MXE District
development regulations of the City's Comprehensive Zoning
Ordinance; and,
WHEREAS, a joint meeting of the City Commission Land Use Committee
and Planning Board was held on June 11, 1992 to further discuss
amendments to the provisions of the MXE District; and,
WHEREAS, the Planning Board, after holding a workshop on this
subject on September 27, 1992 and a hearing on this ordinance on
October 27, 1992, voted 7-0 to recommend that the City Commission
adopt these amendments; and,
WHEREAS; said amendments to Zonina 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 City Commission believes that these amendments
contained herein are necessary to the welfare of the citizens of
the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
Underlined words = new language
Ctrikc out - deleted language
SECTION 1. That Subsection 6-16 of Section 6, "Schedule of
District Regulations" of Zoning Ordinance No. 89-2665, entitled
"MXE, Mixed Use Entertainment District" is hereby amended as
follows:
6-16 MXE MIXED USE ENTERTAINMENT DISTRICT.
1
scanned
B. Development Regulations
1. Base FAR
2. Max. FAR
with bonus
3.Min. Lot
Area
(sq. ft-)
4.Min. Lot
Width
(feet)
5. Min. Apt.
Unit Size
(89 -ft-)
6. Avg. Apt
Unit Size
(sq. ft.)
7. Max.
Bldg
Height
(feet)
All uses - 1.5
All uses - 3.0
N/A
N/A
Existing Structures:
Existing Structures:
Architectural
Apt Units - 400
Apt Units - 550
District:
Except Hotel
Hotel Units - in a
Hotel Units - N/A
Oceanfront - 150
Development in
a locally desig-
nated Historic
Local Historic
District/Site - 200,
otherwise
New
construction:
Non-oceanfrt - 50
Ocean Drive/
District - 3.5;
15%: 300-335
Apt Units - 800
Collins Avenue
all other Hotel
85%: 335+
Hotel Units - N/A
Historic District -
See Section
Development
shall be
New
construction:
6-16,E.
pursuant to
Section 6-23.
Apt Units - 550
Hotel Units -
15%: 300 - 335
85%: 335+
However, lots west
of James Avenue
and Park Avenue
shall not have a
maximum height
limit;
All other areas -
none.
C. Permitted Uses in existing Buildings at the time of
adoption of this Sub -section with two (2) stories or less
fronting on Ocean Drive or Ocean Terrace and any Building
fronting on Collins Avenue from 6th to 16th Street shall
comply with the following.
1. The entire Building shall be substantially
renovated and comply with the South Florida
Building Code, Fire Prevention Safety Code and the
Property Maintenance Standards. If the Building is
a Historic Structure, the plans shall substantially
comply with the Secretary of the Interior Standards
and Guidelines for Rehabilitating Historic
Structures, U.S. Department of the Interior
(Revised 1983) and as amended.
2. Such Buildings may contain offices (medical and
dental offices are prohibited), retail, eating or
drinking Uses and residential Uses or any
combination thereof.
3. Required parking may be satisfied through
participation in the Parking Impact Fee Program as
set forth in Section 7-7 where applicable under the
regulations contained therein.
4. No existing building of more than two (2) stories
fronting on Ocean Drive or Ocean Terrace shall be
internally re -constructed to create two (2) stories
or less for the purpose of Commercial development.
5. No variances shall be granted from the requirements
of Sub -section 6-16,C.
2
D. Setback Requirements
1. Front
2. Side, Interior
3. Side, Facing a Street
4. Rear
Oceanfront:
Oceanfront:
Oceanfront:
Oceanfront:
50 ft.; however sculptures,
fountains or architectural features
15% of the Lot Width.
15% of the Lot Width plus 5 ft.
Non -oceanfront:
25% of Lot Depth, 75'
minimum from the
when approved by the Design
Non -oceanfront:
10% of the Lot Width plus 5 ft.
Bulkhead Line, whichever
Review Board are permitted in the
Buildings less than 40 ft.in
However, Lots less than 100 feet
is greater.
required Front Yard.
height - each interior Side
on Ocean Drive- 5 feet.
Yard shall be 10% of the Lot
Non -oceanfront:
Non -oceanfront:
Width.
0 feet
Zero setback if the Building is 40
ft. in height or less and includes a
20 ft. deep covered front porch
running substantially the full
length of the Building front to be
used for seating in association with
indoor/Outdoor Cafes, Bars,
Buildings greater than 40 ft.
in height - each interior Side
Yard shall be 15% of the Lot
Width.
Nightclubs, Restaurants or
cabarets. For new construction
along Ocean Terrace, portions of a
Building located above a porch
which front on Ocean Terrace are
permitted in the Front Yard
setback if the design receives a
Floor Area Ratio bonus.
20 ft. setback if the Building does
not include a front porch as
described above or is greater than
40 ft.in height.
For those Buildings greater than
40 ft. in height, a one- story front
porch as described above may be
constructed within the Front Yard
setback.
5. Existing Structures which are being substantially
renovated are permitted to retain the existing
setback areas; however, the setback area shall not
be reduced. When additional floors are
constructed, they shall be permitted to retain the
same setbacks as the existing floors.
E. The maximum height permitted for non -oceanfront Buildings
in the Ocean Drive/Collins Avenue Local Historic District
is 50 feet. However, existing non -oceanfront Buildings
located between 5th and 15th Streets in this district
shall only be permitted to have habitable one-story
rooftop additions and multi -story ground floor additions,
if they are not visible when viewed at street level from
the opposite side of any street frontage. No variance
from these provisions shall be granted. Non -habitable
structural and mechanical additions or projections and
design features are exempted from these requirements.
SECTION 2. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 as amended;
that the sections of this ordinance may be renumbered or relettered
to accomplish such intention; and that the word "ordinance" may be
changed to "section" or other appropriate word.
SECTION 3. REPEALER. That all Ordinances or parts of
Ordinances in conflict herewith be and the same are herewith
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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on
the 16th day of J ar , 1993.
PASSED and ADOPTED thi 6th day o . Janu- r
1993.
ATTEST:
E76)-61
CITY CLERK
1st reading 12/16/92
2nd reading 1/6/93
A:\MXEORD1
August 28, 1992
November 10, 1992
December 21, 1992
FORM APPROVED
LEGAL DEPT.
By c -
Date 2-/-'i3
MAYOR
4
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLOR!DA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. - 93_
TO Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M.;��
City Manag • r♦ ` ` �� L L,
DATE: January 6, 1993
SUBJECT: PROPOSED AMENDMENTS TO ZONING ORDINANCE 89-2665;
MXE MIXED USE ENTERTAINMENT DISTRICT REGULATIONS
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission hold its
second public hearing and upon receipt of public imput, approve on
second reading these proposed amendments to the MXE Mixed Use
Entertainment District regulations. These amendments should
promote development in the different areas of the City designated
as MXE which is more in keeping with the refined planning goals
that have evolved over the past year. You will recall that other
MXE District regulation amendments presented for consideration on
December 16, 1992 relating to accessory uses on James Avenue and
Indian Creek Drive and Collins between 25th and 44th Streets have
been referred back to the Planning Board for further study and
recommendation.
BACKGROUND
The Administration is requesting the City Commission consider
amendments to Subsection 6-16 "Mixed Use Entertainment District" of
the Zoning Ordinance clarifying the regulations dealing with
buildings of two stories or less fronting on Ocean Drive and Ocean
Terrace and by amending the height restrictions of non -oceanfront
buildings in the Ocean Drive/Collins Avenue Historic District.
Further, to consider amendments to Subsection 6-21 "Regulation of
Accessory Uses" by restricting the location of retail space,
entrances and display windows of properties located on Ocean Drive.
Again, as described above, those amendments previously recommended
restricting certain accessory in properties fronting on James
Avenue and Indian Creek Drive have been referred back to the
Planning Board.
The amendments to be considered represent an evolution of the
thinking and discussions of many people relating to the City's
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 and Ocean Terrace. Several meetings have been held
to discuss, shape and modify these amendments, as described below.
Staff believes that the wording of the presented amendments
accurately reflects the consensus opinions formed on each issue and
that they represent sound planning principles 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.
AGENDA
ITEM
DATE
28
R-3-1)
)- t-9"3
The recommendations that evolved from that lively session focused
primarily on: limiting additions 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;and not permitting new storefronts to be created in buildings
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
undesirable. Second, the appropriateness of MXE as a zoning
regulation in certain parts of the City. A motion was made to
examine the MXE designation in the Museum District area,
particularly on James Avenue and Indian Creek Drive between 25th
and 44th Streets. Serious concern was raised relative to the
development of accessory retail and outdoor cafes in these areas
and the potential negative impact these uses could have on the
quiet residential character of the respective neighborhoods.
The points made at the MBDC Design Colloquium were re -iterated,
discussed at length and refined in terms of what should be examined
in amending the Zoning Ordinance. The Planning Board directed
staff to prepare an amendment package and to schedule a workshop so
that the recommended changes could be reviewed and discussed by the
Board prior to holding a public 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
Manager's Parking Task Force and examined as a comprehensive
package. Any zoning amendments related to parking would,
therefore, represent only a portion of a much larger improvement
program to come at a later date.
On September 29, 1992, the Planning Board held its workshop to
review the draft amendments to the MXE District regulations. There
was considerable discussion and further refinement to the
amendments being proposed. Votes were taken on each proposed
change and the Ordinance that appears before the Commission today
represents the collective thoughts of those in attendance at the
workshop. Staff made a strong case as to why the MXE District
should remain in place in the Museum Area and on Indian Creek Drive
(Collins Avenue) from 25th to 44th Streets; however, it
recommended, further, that restrictions be placed in certain
locations to regulate accessory retail and outdoor eating uses in
order to protect the residential character of the surrounding
areas.
The Planning Board, at its meeting of October 27, 1992 voted 7-0 to
recommend approval of the proposed amendments. The Board added
further language in Sub -Section 6-16.C. to clarify that permitted
uses in buildings with two stories or less on Ocean Drive and Ocean
Terrace refers only to those buildings existing at the time of the
Sub -Section's adoption. Under Sub -Section 6-16.E, the Board
further clarified language that the regulations contained, therein,
relate only to existing non -oceanfront buildings.
The City Commission, at its meeting of December 16, 1992, voted 7-0
to recommend approval of the modified amendment Ordinance before
you today. The Commission also voted to refer back to the Planning
Board for further study and recommendation those additional
amendments relating to James Avenue and Indian Creek Drive. More
specifically, the request was to restrict the size of restaurants
on James Avenue to 45 seats and to include similar accessory use
restrictions for some or all properties between Indian Creek Drive
and Collins Avenue from 25th to 44th Streets as proposed for Ocean
Drive.
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ANALYSIS
The amendments, as proposed, are fairly straight forward and
require little explanation. Nonetheless, the following is
provided to assist in comprehending the Ordinance:
Amended Sub -Section
Subiect
Explanat
6-16B.7
Maximum Building
Height.
References made to
new Sub -section 6-
16E to amend height
restrictions in
certain areas of
the MXE District.
6-16C
Permitted Uses in
certain Buildings.
Clarifying language
relative to
buildings on Ocean
Drive and Ocean
Terrace that they
exist at the time
of the Sub -
Section's adoption.
6-16C.4
Internal Re-
construction of
buildings on Ocean
Drive/Ocean
Terrace.
There have been
several proposals
to demolish the
interiors of
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
this Permitted Use
Sub -Section.
Variances would not
be granted for any
of the provisions
of this Sub -
Section.
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6-16E.
Maximum height in
Ocean Drive/Collins
Avenue Historic
District.
Would permit
maximum height in
the district for
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.
6.21D.2.a.(1)
Permitted Accessory
Area in Hotels -
Retail Space.
On Ocean Drive
would restrict
retail location to
be 50 ft. from
front property
line; accessible
only from lobby;
limitation of
exterior display
windows and
entrances.
6-21D.2.b.(1)
Permitted Accessory
Uses in Apartment
Buildings - Retail
Space.
Same as 6-21d.2.a.
(1) above, but for
apartment
buildings.
CONCLUSION
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 evolved planning goals and
objectives for this zoning category. Accordingly, the City
Administration has concluded that the City Commission should adopt
these amendments. It is understood that the balance of proposed
amendments regarding the MXE regulations in the Museum District (on
James Avenue, particularly) and in the area encompassing Collins
Avenue and Indian Creek Drive from 25th to 44th Street are referred
back to the Planning Board for further study and recommendation.
DJG:gf
a:PB\MXEreg3.92
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