RESOLUTION 92-20665 RESOLUTION NO. 92-20665
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH,FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER A
RECOMMENDATION OF THE PLANNING BOARD ON THE FOLLOWING:
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; AMENDING SECTION 6,
"SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION
6-21, ENTITLED "REGULATION OF ACCESSORY USES" BY
RESTRICTING CERTAIN ACCESSORY USES ON PROPERTIES FRONTING
ON JAMES AVENUE AND INDIAN CREEK DRIVE AND BY RESTRICTING
THE LOCATION OF RETAIL SPACE, ENTRANCES AND DISPLAY
WINDOWS FOR PROPERTIES LOCATED ON OCEAN DRIVE; PROVIDING
FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, THAT,
WHEREAS, these amendments to Zoning 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 Planning Board of the City of Miami Beach held a
public hearing on October 27 , 1992 and voted 7-0 to recommend in
favor of this amendment to Zoning Ordinance 89-2665 ; and,
WHEREAS, said action of the Planning Board has been duly
transmitted to the City Commission pursuant to Section 14 , entitled
"Changes and Amendments" of Zoning Ordinance No. 89-2665, and
Section 14 requires that a public hearing be held by the City
Commission to hear the Planning Board ' s recommendation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for
consideration of the aforementioned amendment to the Zoning
Ordinance is hereby called to be held before the City Commission in
its chambers on the Third Floor of City Hall , 1700 Convention
Center Drive, Miami Beach, Florida, on December 16, 1992 , beginning
at 2:00 p.m. and the City clerk is hereby authorized and directed
to publish appropriate Public Notice of the said Public Hearing in
a newspaper of general circulation of the City of Miami Beach, at
which time and place all int ted parties will be heard.
PASSED AND ADOPTED th s 8th day of Nove 'bo r, 1992 .
P Ad ' #,
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ATTEST:
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CITY CLERK FORM APPPr
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LEGAL D
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Date s_ ._ii-I'---?-2-
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CITY
OF MIAMI B
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TELEPHONE: (305) 673-7010
OFFICE OF THE CITY MANAGER FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. (05g-01
November 18, 1992
TO: Mayor
Seymour Gelber and DATE:
Members of the City Commission
FROM: Roger M. Carl '
City Manager
�(A ..-
SUBJECT:
PROPOSED AMENDMENTS TO ZONING ORDINANCE 89-2665 ;
MXE MIXED USE ENTERTAINMENT DISTRICT REGULATIONS -
SETTING OF PUBLIC HEARING
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a first
reading public ublic hearing on these proposed amendments to the MXE
Mixed Use Entertainment District regulations for December 16, 1992 .
BACKGROUND
Administration is requesting the City Commission to consider
The
amendments to Subsection 6-16 "Mixed Use Entertainment District"
istict"the Zoning Ordinance clarifying the regulations dealing
with
buildings s of two stories or less fronting on Ocean Drive and Ocean
amending
Terrace
and bythe height restrictions of non-oceanfront
buildings s in the Ocean Drive/Collins Avenue Historic District.
Further,
to consider amendments to Subsection 6-21 "Regulationof
Accessoryby Uses" restricting certain accessory uses on properties
frontingon James Avenue and Indian Creek Drive and by restricting
the location of retail space, entrances and display windows of
properties located on Ocean Drive.
The amendments to be considered represent an evolution of the
thinking
and discussions of many people relating to the City' s
g
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, Ocean Terrace, James Avenue and Indian Creek Drive.
Several
meetings have been held to discuss, shape and modify these
amendments,
as described below. Staff believes that the wording of
thep resented amendments accurately reflects the consensus opinions
formed on each issue and that they represent sound planning
principles les 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 , The
recommendations that evolved from that lively session focused
primarily
on: limitingadditions 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;
46
AGENDA
ITEM
DAT E
•
and not permitting new
storefronts to be created in building 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
the appropriateness of MXE as a zoning
undesirable.• Second, City. A motion was made to
regulation in certain parts of the District area,
examine the MXE designation in the Museum ictZea,
particularly
on James Avenue and Indian Creek Drive between
and 44th Streets. Serious concern was raised relative to the
development of accessoryretail and outdoor cafes in these areas
and the potential negativeimpact these uses could have on the
quiet residential
character of the respective neighborhoods.
The points made at the
MBDC Design Colloquium were re-iterated,
in terms of what
at length and refined should be examined
in amendingthe Zoning Ordinance. The Planning Board directed
so
staff to prepare an amendment package and to schedule a workshop
that the recommended changes could be reviewed and discussed by the
Board prior to holding a public ublic 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
• Force and examined
Parking Task as a comprehensivefated to parking would,
package. Any zoning amendments re im rovement
of much larger P
therefore, represent only a portion
program to come at a later date.
the Planning Or. September 29, 1992 , Board held its workshop to MXE r• �,. �, regulations. There
` draft amendments to the District r egulations.
review the
and further
was considerable discussionrefinement to the
amendments being proposed.osed. Votes were taken on each proposed
change and the Ordinance
that appears before the Board today
represents the collectivethoughts thou hts of as those in attendance to why the MXE District at the
workshop. Staff made a strong case and on Indian Creek Drive
should remain in place in the Museum Area tshowever, it
(Collins Avenue) from 25th to 44th Streets;
recommended, certain
further, that restrictions be placed in
locations to regulate accessory retail and outdoor eating uses in
order to protect the residential character of the surrounding
areas.
itsmeeting o f October 27 , 1992 voted 7-0 to
The Planning Board, at The Board added
recommend approval of the proposed amendments.
further languagethat permitted
in Sub-Section 6-16.C. to clarify
uses in buildings with two stories or less on Ocean Drive and Ocean
buildings
Terrace refers only to thoseexisting at the time of the 6-16.E, the Board
Sub-Section's adoption. under Sub-Sectione
further clarified ied language to make it clear that theregulations
contained, thereinrelate only to existing non ocean ron
t
,
buildings.
ANALYSIS
The amendments, as proposed,
are fairly straight forward and
require little explanation. Nonetheless, the following is provided to assist in comprehending the Ordinance:
Subject
Amended Sub-SectionExplanation
Maximum Building References made to
6-16B.7
Height. new Sub-section 6-
16E to amend height
restrictions in
certain areas of
the MXE District.
•
6-16C
Permitted Uses in Clarifying language
certain existing on permitted uses
Buildings. in buildings on
Ocean Drive and
Ocean Terrace; to
qualify, the
buildings must
exist at the time
of the Sub-
Section's adoption.
6-16C.4 Internal Re- There have been
construction of several proposals
buildings on Ocean to demolish the
Drive/Ocean interiors of
Terrace. 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 Variances would not
this Permitted Use be granted for any
Sub-Section. of the provisions
of this Sub-
Section, permitting
a structure to be
used entirely for
retail, office,
eating or drinking
uses.
6-16E. Maximum height in Would permit
Ocean Drive/Collins maximum height in
Avenue Historic the district for
District. 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.
4e
.
I;
6. 21D.2 .a. Permitted Accessory On Ocean Drive
C1)
Area in Hotels - would restrict
Retail Space. retail location to
be 50 ft. from
front property
line; accessible
only from lobby;
limitation of
exterior display
windows and
entrances.
621D.2 .a• ) Permitted Accessory Would prohibit
(3
Uses in Hotels -
outdoor and
Outdoor Cafes & sidewalk cafes on
Sidewalk Cafes. or in front of
properties on James
Avenue and Indian
Creek Drive.
6-21D.2 .b. Permitted Accessory Same as 6-21
C1)
Uses in Apartment D.2 .a. ('1) above,
Buildings - Retail but for apartment
Space. buildings.
6.21D.2 .b. (2) Permitted Accessory Same as 6-21
Uses in Apartment D.2a. (3) above, but
Buildings - Outdoor for apartment
& Sidewalk Cafes. buildings.
6-21D. 3 .b. Additional For retail and at
(1)
Regulations for restaurant uses at
Accessory Uses - these locations,
James Avenue & theywould be
IIndiandiQn Creek. permitted, but
accessible only
through the lobby.
CONCLUSION
The Planning Board,
bya vote of 7-0, has recommendedapproval of
these proposed
amendments to MXE District regulations. 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 planning goals and objectives for this
zoning category. Accordingly, the City Administration has
concluded that
the CityCommission should proceed to set a first
reading public hearing on this matter.
DJG:gf
a: \commism\MXEreg.92
r 45
Fit
RESOLUTION NO. 92-20665
Calling a public hearing to consider a 4111
recommendation of the Planning Board on
the following: Amending Comprehensive
44
• Zoning Ordinance No. 89-2665, byamending
g
§6, "Schedule of District Regulations",
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