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Ordinance 2022-4489 Expansion of Art Deco MIMO Overlay District ORDINANCE NO. 2022-4489 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE III, ENTITLED "OVERLAY DISTRICTS," DIVISION 12, ENTITLED "ART DECO," TO EXPAND THE BOUNDARIES OF THE OVERLAY AND AMEND THE REQUIREMENTS FOR USES FOR PROPERTIES IN THE OVERLAY DISTRICT;AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, properties fronting Ocean Drive and Collins Avenue that have a zoning designation of MXE Mixed Use Entertainment are located in the Ocean Drive/Collins Avenue Historic District, as well as the Miami Beach Architectural National Register Historic District; and WHEREAS, Ocean Drive, Collins Avenue, and Washington Avenue are premier streets in Miami Beach, all of which provide residents and visitors with a unique cultural, retail, and dining experience and are vital to Miami Beach's economy, especially the tourism industry; and WHEREAS, the Collins Park neighborhood has become a cultural hub within the City that contains many unique establishments; and WHEREAS, check cashing stores, convenience stores, pharmacies, grocery stores, souvenir and t-shirt shops, tattoo studios, and fortune tellers (occult science establishments) are uses which may negatively affect surrounding areas; and WHEREAS, it is the intent of the City to limit the number of establishment which may negatively affect the subject areas; and WHEREAS, the amendments set forth below are 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. Chapter 142, "Zoning Districts and Regulations," Article Ill, "Overlay Districts," Division 12, "Art Deco," is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS * * * ARTICLE III.—OVERLAY DISTRICTS DIVISION 12. —ART DECO/ MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT 1 Sec. 142-870.10. Location and purpose. (a) There is hereby created the Art Deco/Mimo Commercial Character Overlay District (the"overlay district").The overlay district consists of the properties in the South Beach Art Deco Area identified in the map below in this subsection (a) and the properties identified in the Ocean Terrace/Harding Townsite Area described in subsection (b) below. The South Beach Art Deco Area is generally located east of the western lot lines of properties fronting the west side of Collins Washington Avenue, between 5th Street to on the south and 46th 23rd Street to on the north, and located west of the ocean: ' b.� a Q i '�A a. 6, -/ • na%k1,%%21 •,cy, In ~tare-art Q��� �g fp • c, t ..S. wimp...gyp- �.. �Ii�%// j,�� % _-1, a , of`i�S ,v4 i i i xsox/ i' Allfrt %f�s/, 4 1 N '„4/4�/'.W /a /,�41 .0:e r AM 5 aJ /51 sT t M . -1 r i r Al f III1~'*/���... 111■Rq I 1 Il ch,417. _i�il i1��/1 . nnrr' ... . f. . �tiJ� ®®1LLII MI: IUI? "5 ? a IC L %Ili-�/1%i' / a wdia = r i'�1.;;;;+4,:t4 a , ,g! p 7 PI I W7:-IE.,._...-_4 .1.:;:riff:14 '. ar ani i51=— Z - +iI, J , — rots j ,..4, — ' - li—.i '417.40tv . id ,_ re' coil%, J - 4/749 !iZfØfr7 Ocean Lti .eEIE _ �,� r,ir 50-7, r//,/-// , ,� rThr�1 -1 2 i :mot=. -i iit .. " j =�R,�� _jr r 1 =.._. ..„,,,,„ ,,,, ,,,, ..... Q vim_- r ..15/7/ i ✓, i t�:V < 1 1111 w 11 =af ioci �%f ��r. AY 'MINIM �� rr dr rrf OA /t r ,,,t-1 1 14T.H: L '✓� n �Y A 4T.H'ST Q' P/06.41".,;,,,:fiotito.,,e1.://:H.,4::,:t: yt j'w a %/ =+ t/C,;.,.t f- / I =+ 12T�H'S '1Gj > - jr I -= 111111111111111 4, %iIIe.).j1,;:�pp7 i == —= �g mod:ir.ra jl� I == =!r %i/{�pr/1,1 /f t _�NMI MI=INIM. #ry �i MI MIN eMil NM OSrnJ ...m #aka ram �/a'a1 s A 1 / i - • kl •<dYr%Y0% fir // f 4n P ,. ry0,Jd j .; J ✓� �t Iy ���' ,/ Atlantic zp�. pr, ,,,,QPPap //,, Ocean I Jry4�� JjQ,��J �jr i.uunn j 't ar,/!lllilA - I "�y #�QGD� _ii/V: %r (b) The Ocean Terrace/Harding Townsite Area is identified in the map below and is generally located between Harding Avenue to the west and Ocean Terrace to the east, between 73rd and 75th Streets: 3 J zsIH.s w .srH sr ore,,iffereiwykrztto worzrez- rizzAtrwzre, raiWZA�A l OPIVA , 40 tnaaelHprrllna�.-� , �'10 e , Par 4,0 Art, , zzirewdr,y • refzegmemeo2m, igrAi rey©02, zzA (c) The purpose of this overlay district is to limit the proliferation of uses which may diminish the character of historic commercial areas within the city. This overlay district is designed based on and intended to achieve the following facts and intents: (1) Properties fronting Ocean Drive and Collins Avenue that have a zoning designation of MXE mixed use entertainment are located in the Ocean Drive/Collins Avenue historic district, as well as the Miami Beach Architectural National Register Historic District; (2) Properties fronting Washington Avenue that have a zoning designation of CD-2 commercial medium intensity district, are located in the Flamingo Park historic district and the Miami Beach Architectural National Register Historic District; (3) Ocean Drive, Collins Avenue, and Washington Avenue are some of the premier streets in Miami Beach and provide residents and visitors with a unique cultural, retail, and dining experience and are vital to Miami Beach's economy, especially the tourism industry; (4) Properties fronting Ocean Terrace and Collins Avenue between 73rd and 75th Streets are within the Harding Townsite historic district and the North Shore National Register historic district; (5) Properties fronting Harding Avenue between 73rd and 75th Streets are within North Shore National Register historic district: and (6) The City of Miami Beach has undertaken a master planning process for the North Beach area that includes the Harding Townsite historic district and North Shore National Register district, in order to encourage the revitalization of the area by improving cultural, retail, and dining experiences for residents and visitors to the area; (7) Formula commercial establishments and formula restaurants are establishments with multiple locations and standardized features or a recognizable appearance, 4 where recognition is dependent upon the repetition of the same characteristics of one store in multiple locations; (8) Formula commercial establishments and formula restaurants are increasing in number along Ocean Drive and within other historic districts; (9) The sameness of formula commercial establishments, while providing clear branding for retailers, saunters conflicts with the city's Vision Statement which includes creating "A Unique Urban and Historic Environment"; (10) Notwithstanding the marketability of a retailer's goods or services or the visual attractiveness of the storefront, the standardized architecture, color schemes, decor and signage of many formula commercial establishments detract from the distinctive character and aesthetics of the historic districts; (11) The increase of formula commercial establishments hampers the unique cultural, retail, and dining experience in commercial and mixed-use areas of the city's historic districts; (12) Specifically, the proliferation of formula commercial establishments may unduly limit or eliminate business establishment opportunities for non-traditional or unique businesses, thereby decreasing the diversity of cultural, retail, and dining services available to residents and visitors; (13) The homogenizing effect of formula commercial establishments.,based on its their reliance on standardized branding, is greater increases if the size of the establishment, l the number of locations, or size of or use OF of branded elements is larger greater; (14) The increased level of homogeneity detracts from the uniqueness of the historic districts, which thrive on a high level of interest maintained by a mix of cultural, retail, and dining experiences that are not found elsewhere in the country; (15) Sidewalk cafés are central to the economy of Ocean Drive and enhance the pedestrian experience and historic and cosmopolitan character of the street; (16) It is not the intent of the city to limit interstate commerce, but rather to maintain the historic character of neighborhoods and promote their unique cultural, retail, and dining experiences that are vital to the city's economy; (17) It is the intent of the city that if an establishment that has multiple locations and standardized features or a recognizable appearance seeks to locate within certain areas affected by this division that such establishment provide a distinct array of merchandise, facade, decor, color scheme, uniform apparel, signs, logos, trademarks, and service marks; (18) Convenience stores, pharmacy stores and formula eating establishments have similar impacts to the unique character of this important area of the city as formula stores; 5 (19) Check cashing stores, pawnshops, souvenir arid t-shirt shops, tattoo studios, fortune tellers (occult science establishments), massage therapy center, and package liquor stores are uses which negatively affect surrounding areas; and (20) It is the intent of the city to limit the number of establishments which may negatively affect surrounding areas. Sec. 142-870.11. Compliance with regulations. The following regulations shall apply to the overlay district. There shall be no variances allowed from these regulations.All development regulations in the underlying zoning district and any other applicable overlay regulations shall apply, except as follows: (a) The following limitations shall apply to the commercial uses listed below: (1) Check cashing stores shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. b. In areas of the overlay district not included in subsection a. above, there shall be no more than two such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (2) Convenience stores shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive. b. In the Ocean Terrace/Harding Townsite Area, there shall be a limit of one such establishment. c. In areas of the Overlay District not included in subsection a. and b. above, there shall be no more than five such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (3) Formula commercial establishments shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean Terrace. b. This subsection shall not apply to any establishments in the South Beach Art Deco Area other than establishments fronting Ocean Drive nor to any establishment in the Ocean Terrace/Harding Townsite Area, other than Ocean Terrace. (4) Formula restaurants shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean Terrace. 6 b. This subsection shall not apply to any establishments in the South Beach Art Deco Area other than establishments fronting Ocean Drive nor to any establishment in the Ocean Terrace/Harding Townsite Area, other than Ocean Terrace. (5) Massage therapy centers shall not operate between 9:00 pm and 7:00 am in the overlay district. (6) Marijuana dispensaries shall be prohibited in the overlay district. (7) Occult science establishments shall be prohibited in the overlay district. (8) Package stores shall comply with the following regulations: a. Such establishments shall be prohibited on lots in the South Beach Art Deco Area with an underlying MXE zoning designation and in the Ocean Terrace/Harding Townsite Area. b. In areas of the overlay district not included in subsection a. above, there shall be no more than three such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (9) Pawnshops shall be prohibited in the overlay district. (10) Pharmacy stores shall comply with the following regulations: a. Such uses shall be prohibited on lots fronting Ocean Drive. b. In the Ocean Terrace/Harding Townsite Area, there shall be a limit of one such establishment. c. In areas of the overlay district not included in subsection a. and b. above, there shall be no more than five such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (11) Souvenir and t-shirt shops shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. b. In areas of the overlay district not included in subsection a. above, there shall be no more than five such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (12) Tattoo studios shall comply with the following regulations: a. Such uses shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. 7 b. In areas of the overlay district not included in subsection a. above, there shall be no more than three such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (13) Grocery stores shall comply with the following regulations: a. Such establishments'shall be prohibited on lots fronting Ocean Drive. b. In areas of the overlay district not included in subsection a. above, there shall be no more than five such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment, with the exception of such uses in the Ocean Terrace/Harding Townsite Area. (14) Tobacco/vape dealers shall be prohibited in the overlay district. (b) Review procedures. (1) Commercial establishments in the overlay district that are not identified in subsection 142-870.11(a) shall comply with the following regulations: a. A signed affidavit indicating that they are not an establishment that is regulated by subsection 142-870.11(a) shall be provided to the city as part of the application for obtaining a business tax receipt and building permit, as applicable. b. If the establishment is found not to be in compliance with the applicable requirements of the signed affidavit, the business tax receipt will be revoked and the establishment shall immediately cease operation. (2) Commercial establishments in the overlay district that are identified in subsection 142-870.11(a)shall comply with the following regulations: a. If applicable, the applicant shall provide a signed and sealed survey dated not older than six months, indicating the number, location, name, business tax receipt numbers, and separation of the applicable type of establishments within the overlay district. Distance separation shall be measured as a straight line between the principal means of entrance of each establishment and the proposed establishment. b. Establishments existing as of the date of the enactment of this ordinance shall count towards the maximum number of such establishments permitted within subsection 142-870.11(a). c. A signed affidavit indicating compliance with the regulations of subsection 142-870.11(a) for the applicable type of establishment shall be provided prior to obtaining a business tax receipt. d. If the establishment is found not to be in compliance with the applicable requirements of the signed affidavit, the business tax receipt will be revoked and the establishment shall immediately cease operation. 8 e. If a particular establishment meets more than one definition (i.e., formula commercial establishment and pharmacy store), it must meet the requirements for each use, and if there is a conflict, the more stringent code requirement shall prevails control. Sec. 142-870.12. Applicability. Notwithstanding any provision of these regulations to the contrary, the overlay ordinance shall not apply to real property that satisfies all of the foregoing criteria: (1) The property fronts Ocean Drive: (2) The property has a received an order from the historic preservation board for a substantial rehabilitation, issued between January 1, 2017 and September 13, 2017, provided a full building permit is issued pursuant to such order within the allowable timeframes set forth in chapter 118 of the land development regulations of the city Code. (3) Any property described above will become legal nonconforming and, consistent with the city's land development regulations that address nonconformities, shall be permitted to continue as a legal nonconforming use in accordance with the applicable provisions of chapter 118 of the land development regulations of the city Code. (4) In the event the above-noted order of the historic preservation board should expire prior to the issuance of a building permit, any property described above shall conform with all the provisions under chapters 114 and 142 of this Code. SECTION 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 3. 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 renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 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. 9 SECTION 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this y day of for , 2022. ,412z -'€-_,_,. ATTEST: .7._\4 MAY 1 0 1022 Dan Gelber, Mayor Rafael E. Granado, City Clerk "�"g}�,;�'''h, APPROVED AS TO FORM AND fir.!.... ..�y ry_o_ ' LANGUAGE AND FOR EXECUTION NCO OWED/EC \, City Attorney Date First Reading: April 6, 2022 KW— Second Reading: May 4, 2022 " Underline denotes additions Strikethrough denotes deletions Verified by: Thomas R. Mooney, AICP Planning Director T:\Agenda\2022\4_April 2022\Planning\Expansion of Art Deco MiMo Overlay-First Reading ORD.docx 10 Ordinances-R5 F MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak,-City Manager DATE: May 4, 2022 5:01 p.m. Second Reading Public Hearing SUBJECT:EXPANSION OF ART DECO MI MO OVERLAY DISTRICT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BYAMENDING ARTICLE III, ENTITLED "OVERLAY DISTRICTS," DIVISION 12, ENTITLED "ART DECO," TO EXPAND THE BOUNDARIES OF THE OVERLAY AND AMEND THE REQUIREMENTS FOR USES FOR PROPERTIES IN THE OVERLAY DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. BACKGROUND/HISTORY HISTORY On December 8, 2021, at the request of Commissioner Alex Femandez, the City Commission referred the proposal for an Ordinance to the Land Use and Sustainability Committee and Planning Board (C4 X). The sponsor is proposing to expand the Art Deco/MiMo Commercial Character Overlay District to include properties along Washington Avenue and Collins Avenue, from 5th Street to 23rd Street. This expansion would pertain primarily to prohibited uses and uses with a distance separation requirement. On March 4, 2022, the LUSC recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation. BACKGROUND On September 25, 2017, the City Commission adopted Ordinance No. 2017-4137, creating the Art Deco/MiMo Commercial Character Overlay District(the "Overlay"),to limit uses that detract from the historic character of the MXE zoning district in South Beach and the Ocean Terrace/Harding Townsite area in North Beach. On April 13, 2021, as a member of the Planning Board, Commissioner Fernandez submitted a memo to the Planning Board providing recommendations and requesting that the Board discuss potential changes to the Overlay. On Page 517 of 1451 June 22, 2021, the Planning Board discussed the item and made several recommendations, including a recommendation that the City Commission expand the boundaries of the Overlay to the western lot line of properties fronting the west side of Washington Avenue, and along Collins Avenue to 23rd Street on the north. ANALYSIS PLANNING ANALYSIS The Art Deco / MiMo Commercial Character Overlay District limits in number or prohibits several nuisance uses within its boundaries in an effort to improve the quality of businesses within its boundaries over time. These include check cashing stores, convenience stores, occult science establishments, package stores, souvenir and t-shirt shops, tattoo studios, grocery stores, and tobacco/vape dealers.As a result of the regulations within the overlay, the potential exists for such establishments to congregate in nearby commercial areas where such regulations do not exist. This potential is particularly high along the Washington Avenue corridor and within the Collins Park neighborhood. The attached Ordinance expands the boundaries of the Overlay to include properties fronting Washington Avenue, between 5th Street and Dade Boulevard, and properties between 16th Street and 23rd Street to the east of Washington Avenue (see attached map). This expansion applies to prohibited uses and uses with a distance separation requirement. The Administration is supportive of the proposal as it will reduce the likelihood of uses not permitted within the current boundaries of overlay to oversaturate the adjacent Collins Park and Washington Avenue business district. Moreover, it should further elevate the image of the Collins Park and Washington Avenue areas. PLANNING BOARD REVIEW The Planning Board held a public hearing on'March 22, 2022, and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 6-0. 3. UPDATE On April 6, 2022 the City Commission approved the Ordinance at First Reading, with no changes. Additionally, in accordance with section 118-162(c) of the City Code, the City Commission waived the applicable application fees based upon the legislation implementing best practices in urban planning. SUPPORTING SURVEY DATA Enhance Residents Quality of Life FINANCIAL INFORMATION No Fiscal Impact CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Applicable Area South Beach Is this a"Residents Right. Does this item utilize G.O. Page 518 of 1451 to Know" item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Planning Sponsor Commissioners Alex Fernandez and Ricky Arriola ATTACHMENTS: Description o Overlay Expansion MAP o, Ordinance o Ad Page 519 of 1451 Art Deco/MiMo Overlay Expansion -0 - - - ,...- -;:-,g- • ,...' -4; ...-,, .., /-{„,:: .: _-... w+, L ' l ." ',P:� fs2 'r9_. J. c�� . . - ; .... .,-;.--'.,.,, w-7 ii - -.., ,-. A.A.:, •,'• .Ti . a: 'r• _ , o t, 9:'' . • ir, t , °I'_G ■ OL RD-.• 1 ul.~ .rtF 2. ,e.TH T• . .., .,.. .. _ re. , „ X.1%.*. -g: ' ...L'L. 4,44; ?.6 l x—i2 • :' - ArtII• _fl . ;, Ii • ,.,,, ' Deco/MiMo Overlay �{ � , , , ` South Beach Art Deco Area - 11 -l -r r /// Existing Boundary - - �3 9'.s-'--a. ..a' _ - z/21 Expanded Boundary _i j� • ' . 2.;LiTtiM .--.6,..,. -- .,i.. :-...i: __ -— _ •- :4-I Atlantic . x it ua E - - -- I :'Ocean !i. ..•Ni■ • ■ r 0 625 1,250 2,500 Feet Page 520 of 1451 22NE I NEIGHBORS 1 I SUNDAY APiIL 12 2022 CITY OF MIAMI BEACH • CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ORDINANCE EXPANDING THE ART DECO/MIMO ORDINANCE AMENDING THE COLLINS PARK ARTS COMMERCIAL CHARACTER OVERLAY DISTRICT OVERLAY MAY 4,2022 MAY 4, 2022 CITY COMMISSION MEETING NOTICE IS HEREBY GIVEN that on May 4,2022,at 5:01 p.m..or as soon thereafter as the CITY COMMISSION MEETING matter can be heard,the Mayor and City Commissioners of the City of Miami will hold a Second NOTICE IS HEREBY GIVEN that on May 4,2022,at 1:30 p.m.,or as soon thereafter as the matter Reading/Public Hearing on the following proposed Ordinance: can he heard,the Mayor and City Commissioners of the City of Miami will hold a Second Reading/ EXPANSION OF ART DECO MIMO OVERLAY DISTRICT Public Hearingon the toilowin g proposed 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,SUBPART COLLINS PARK ARTS DISTRICT OVERLAY—ENTERTAINMENT AND CULTURAL USES AMENDMENT B,ENTITLED'LAND DEVELOPMENT REGULATIONS;BY AMENDING CHAPTER 142. MI ORDINANCE OF THE MAYOR ANO CRY COMMISSION OF THE CITY OF MIAMI BEACH, ENTITLED'ZONING DISTRICTS AND REGULATIONS; BY AMENDING ARTICLE Ill, FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA.BY AMENDING ENTITLED'OVERLAY DISTRICTS,"DIVISION 12,ENTITLED'ART DECO,'TO EXPAND CHAPTER 142,'ZONING DISTRICTS AND REGULATIONS,'ARTICLE Ilt,"OVERLAYDISTRICTS," THE BOUNDARIES OF THE OVERLAY AND AMEND THE REQUIREMENTS FOR USES DIVISION 7,'CULTURAL ARTS NEIGHBORHOOD DISTRICT OVERLAY(CANDO);BY ADDING FOR PROPERTIES IN THE OVERLAY DISTRICT;AND PROVIDING FOR CODIFICATION, CERTAIN CULTURAL USES AS ALLOWABLE ACCESSORY USES AND BY EXPANDING THE REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE This Ordinance is being heard BOUNDARIES OF THE OVERLAY DISTRICT ANO PERMITTING INDOOR ENTERTAINMENT IN pursuant to Section 118-164 of the City's Land Development Code.Inquiries may be ESTABLISHMENTS AS AN ACCESSORY USE TO A RESTAURANT OR HOTEL;PROVIDING directed to the Planning'Department at 305.673.7550. FOR CODIFICATION;REPEALER:SEVERABtLITY;APPLICABILITY;ANO AN EFFECTIVE DATE. During the May 4, 2022 Commission Meeting,the City CommIssion will be physically fiia 0/:finance is being heard pursuant to Section 118.164 of the Clry's Land Development Code. present in a socially distanced manner in the Commission Chamber,Miami Beach City Hall, Inquiries may be dreded to the Manning Department at 705.673.1550. 1700 Convention Center Drive,3rd Floor,Miami Beach,FL 33139.Applicants and the public During the May 4,2022 Commission Meeting,the City Commission will be physically present in are encouraged to attend the meetings virtually(as provided below).However,members of the a socially distanced manner in the Commission Chamber.Miami Beach City Hall,1700 Convention public who wish to attend the meetings or provide public comment In person may appear al the Center Drive,3rd Floor,Miami Beach,FL 33139.Applicants and the public are encouraged to attend the Commission Chamber. meetings virtually(as provided below).However,members of the public who wish to attend the meetings To participate or provide comment virtually during the Commission Meetings,the public or provide public comment in parson may appear at the Commission Chamber. may join the webinar at: https://miamibeach0apv.zoom.vs/i/81392857671 or via telephone To participate or provide comment virtually during the Commission Meetings,the public may join the aL 1.301.715.8592(U.S.)or 888.475.4499(Toll-Free).Webinar ID:81392867671 a.Members of webinar at:hpos'imlamlbeachll-oov.zoom udU81392857671 or via telephone at 1.301.715.8592(U.S.) the public wanting to speak virtually on an item during the meetings must dick the"raise hand' or 888.475.4499(Toll-Free).Webinar ID:81392857671 s.Members of the public wanting to speak virtually Icon If using the Zoom app or press'9 on the telephone to raise their hand. on an Item during the meetings must click the'raise hand'Icon If using the Zoom app or areas•B on the INTERESTED PARTIES are invited to take part in these meetings or be represented by an agent telephone to raise their hand. The public may submit written comments by sending an email to:CitvClerkEmlamibeachq.gov by INTERESTED PARTIES are Invited to take part In these meetings or he represented by an agent, 5:00 p.m.the day before the City Commission Meeting.Please Identify the Agenda Item Number The public may submit written comments by sending an email to:$Tlktlerkgm(amibeaeht pot by in the email subject line.Ema(Is received will be forwarded to the Mayor and Commissioners and 5:00 p.m.the day before the City Commission Meeting.Please identify the Agenda Item Number in wit be Included as a part of the meeting record. • the email subject line.Emetic received will be forwarded to the Mayor and Commissioners and wit be Copies of Agenda Items are available for public inspectionIteps://www.rniamibeachfloov/(lips:/lwww.miamibeachfl.eov/ included as a part of the meeting(record. a_ ylty-halltcitvilerk/agenda-archive-matn-oagr2/.These meetings;or any Items therein,may be continued,and under such circumstances,additional legal notice need not be provided. Copies of Agenda Items are available for public Inapecllon at:ItOny(/www.mialnibeachggov/ Bur-halVdlycterk/agenda-arcnive-malrroamre•2r.These meetings,or any Items therein, may be Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that It a person continued.and under such circumstances,additional legal notice need not be provided. deddea to appeal any decision made by the City Commission concerning any matter considered at its meetings or its hearings,Such person must ensure that a verbatim record of the proceedings Pursuant to Section 286.0105.Eta.Slat.,the City hereby advises the public that If a person decides is made,which record includes the testimony and evidence upon which the appeal is to be based. to appeal any decision made by the City Commission concerning any matter considered at its meetings This notice does not constitute consent by the City for the Introduction or admission of otherwise or its hearings,such person must ensure that a verbatim record of the proceedings is made,which inadmissible or Irrelevant evidence,nor does it authorize challenges or appeals not otherwise record includes the testimony and evidence upon which the appeal is to be based.This notice does not allowed by law. constitute consent by the City for the introduction or admission al otherwise Inadmissible or Irrelevant To request this material In an alternate formal,sign language Interpreter(five-day notice evi bence•nor does It authorize challenges or appeals not otherwise allowed by law, required),information on access for persons with disabilities,and/or any accommodation to review To request this material in an alternate format,sign language Interpreter(rrve•day notice required), any document or participate in any City-sponsored proceedings.call 305.604.2489 and select 1 information on access for persons with disabilities.and/or any accommodation to review any document for English or 2 for Spanish.then option 6;TTY users may call via 711(Florida Relay Service), or participate in any City-sponsored proceedings,call 305.604.2489 and acted 1 tar English or 2 for The City Commission Meetings will be broadcast live on Miami Beach TV(MBTV),viewable Spanish,then option 6:TTY users may call Na 711(Florida Relay Service). on the City's webslte at hugs://www.miamibeach9.gwiaovernmenl/mbiv/ as well as on Atlantic The City Commission Meetings will be broadcast We on Miami Beach TV(MBTV).viewable on the Broadband Cable channel 660.AT&T U-verge channel 99,Hotwlre Communications channel City's websile at hlbs://www•miamibeachtlaav/aovernmenlfmbN/ as well as on Atlantic Broadband 395,and ROKU device on PEG.TV channel,and on social media at linos://www isrebook corn/ Cable channel 660,AT&T U-verse channel 99,Holwlre Communications channel 395,end ROKU device citygfmlamlheach, on PEG.TV channel•and on social media at httncjtwww laeebnnk rnm/Ntvnfmlamfbe rh. MIAMI BEACH MIAMI BEACH Rafael E.Granada,City Clerk Rafael E.Granada,City Clerk City of Miami Beach ch riIVClerhtcmiamibaschn,ggy Cary Miami Bea ov 305.673.7411 SIIvCIelkKmInmlbeadh 305.873.ldtt.74R AD:0504202244 AD:D5042022411 Page 531 of 1451