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Ordinance 2022-4490 2022-4490 Collins Park Arts District Overlay—Entertainment and Cultural Uses Amendment 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 ADDING CERTAIN CULTURAL USES AS ALLOWABLE ACCESSORY USES, EXPANDING THE BOUNDARIES OF THE OVERLAY DISTRICT, AND PERMITTING INDOOR ENTERTAINMENT IN ESTABLISHMENTS AS AN ACCESSORY USE TO A RESTAURANT OR HOTEL; 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, on November 16, 2016, the CANDO district was modified to include limited regulations permitting entertainment; and WHEREAS, the City desires to promote the arts, entertainment, and cultural uses within the Collins Park neighborhood; and WHEREAS, the Bass Museum of Art and the Miami City Ballet, two of the City's most important cultural institutions, are located in the Collins Park neighborhood; and WHEREAS, the City Commission desires to amend the boundaries of the CANDO district to include properties in the Collins Park neighborhood that are adjacent to the CD-2 and CD-3 commercial zoning districts; and WHEREAS, the uses permitted under the CANDO district regulations are compatible with the uses permitted in the CD-2 and CD-3 zoning districts; 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. That Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article III, "Overlay Districts," Division 7 is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS • * * ARTICLE III. OVERLAY DISTRICTS * * * DIVISION 7. COLLINS PARK ARTS DISTRICT OVERLAY Page 1 of 4 Page 60 of 114 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 Collins Park Arts District Overlay: 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; and lots existing as of January 1. 2022 that front both James Avenue and the north side of 17th Street; as depicted in the map below. —ter i Aft 43.** .." 4 i'- w*s. ,4 0 := �. o jar*VA *i tti,,. .,• ' ,./-to:OldrAffi t ' Plit*. ''- it *4.** Bill.. m < < I W lip <. , i I . )6,11,1 4ii,, :c, ,;-, 1, ,,, r, �.:r''''A �, O Z I. Sd' 0 1111, ____,-- rq i la ilk aokay Pro�foirpdns/ ) Atlantic p� Ocean :-_---in ram_ a (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 within the district. ,. Page 2 of 4 Page 61 of 114 • Sec. 142-855. Reserved. Sec. 142-856. Compliance with regulations. The following overlay regulations shall apply to the Collins Park Arts District Overlay. All development regulations in the underlying zoning district shall apply, except as follows, and for any regulations in conflict, the following shall control: (a) Outdoor entertainment establishments may be approved as a conditional use by the planning 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 not exceed an ambient, background volume levels (i.e. a volume that does not interfere with normal conversation), unless otherwise approved by the planning board through the conditional use process. (b) Outdoor entertainment may be approved as a conditional use by the planning board as an accessory use to a hotel use, in areas of the overlay north of 19th Street with an underlying RM-2 zoning designation, subject to the following regulations: (1) Sidewalk cafés 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. (5) For purposes of this subsection..-,outdoor entertainment shall not exceed an ambient,band volume levels(i.e. a volume that does not interfere with normal conversation). (c) Outdoor entertainment shall not be located above the ground floor. Ld) Indoor entertainment may be approved as a conditional use b_y the planning board as an accessory use to a restaurant or hotel, in areas of the overlay with an underlying RM-2 zoning designation. Page 3 of 4 Page 62 of 114 f) Museums, art galleries and related cultural uses shall be permitted as an accessory use to an apartment, apartment-hotel or hotel in areas of the overlay with an underlying RM-2 zoning.designation. (df) Notwithstanding the requirements of subsection (a) above, neighborhood impact establishment occupancy thresholds, as defined in section 142-1361, shall not be exceeded unless approved by the planning board. 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 re-numbered or re-lettered 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. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10)days following adoption. PASSED and ADOPTED this as ,day of 7 , 2022. ATTEST: s INCORP GRATED= -•• Dan Gelber -04` 4 : II y Ma or Rafael E. Granado City Clerk MAY 2 6' 2022 APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION 4 —1 -- City Attorney O Date First Reading: April 20, 2022 Second Reading: May 4, 2022 Verified by: Thomas R. Mooney, AICP Planning Director T:\Agenda\202214 April 2022\Planning\April 20\Collins Park Overlay Entertainment Amendment-First Reading ORD.docx Page 4 of 4 Page 63 of 114 Ordinances - R5 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager • • DATE: May 25,2022 5:24 p.m. Second Reading Public Hearing SUBJECT: COLLINS PARK ARTS DISTRICT OVERLAY - ENTERTAINMENT AND CULTURAL USES AMENDMENT 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 ADDING CERTAIN CULTURAL USES AS ALLOWABLE ACCESSORY USES AND BY EXPANDING THE BOUNDARIES OF THE OVERLAY DISTRICT AND PERMITTING INDOOR ENTERTAINMENT IN ESTABLISHMENTS AS AN ACCESSORY USE TO A RESTAURANT OR HOTEL; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY;AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. BACKGROUND/HISTORY On December 8, 2021, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board for review and recommendation (item C4 U). On February 11, 2022, the LUSC recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation. ANALYSIS PLANNING ANALYSIS In 2016, the City Commission created the Collins Park Arts Overlay District, which provides land-use incentives to property owners, developers, and commercial businesses to encourage arts-related uses within the district. These incentives have fostered arts and entertainment, as well as cultural uses. These uses relate well with the Bass Museum of Art and the Miami City Ballet, which are located within the Overlay, and are two of the City's primary cultural institutions. The primary purpose of the proposed amendment is to slightly expand the boundaries of the Page 57 of 114 Collins Park Arts Overlay District to allow for limited indoor entertainment as an accessory use to restaurants or hotels fronting 17th Street and James Avenue, and located in the RM-2 district (See the attached map). These limited properties are directly across the street from the more intense CD-3 zoning district on the south side of 17th Street, thereby providing for a more appropriate transition between the commercial uses to the south and the hotel and residential uses to the north. Indoor entertainment would be subject to conditional use approval from the Planning Board, and as part of the conditional use process, specific conditions could be required to ensure that nearby residents are not negatively impacted. Because the entertainment would be limited to indoor areas, it is not expected that the sound will impact surrounding neighbors. The proposal would allow for improved amenities for guests of the Casa Tua Hotel and the Cadet Hotel, both of which contain restaurants. Additionally, the proposed amendment would allow museums, art galleries and related cultural uses as an accessory use to.an apartment, apartment-hotel or hotels in areas of the overlay with an underlying RM-2 zoning designation. The proposed changes are intended to further the neighborhood's goals of fostering creativity and arts. PLANNING BOARD REVIEW On February 22, 2022, the Planning Board discussed the item and continued it to the March 22, 2022 meeting in order to allow for compliance with the notice requirements of sections 118-163 and 118-164, and provide that mail notice be sent to properties within 375 feet of the expansion area. On March 22, 2022 the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 5-1. The Planning Board also recommended the following: 1. For purposes of indoor entertainment, the limitation of solely a DJ be removed. 2. The City Commission consider, as a separate referral, expanding the boundaries of the Collins Park Arts District Overlay to include the area north of 17th Street and south of 20th Street, for arts and culture uses only, with no entertainment permitted in the expanded area. As indicated previously, the Administration is supportive of the Planning Board recommendation regarding indoor entertainment, and the text of the draft Ordinance for First Reading was modified to reflect this recommendation. The Administration also has no objection to the Planning Boards recommendation for a separate referral pertaining to the enlargement of the Collins Park Overlay boundaries, for arts and culture uses. UPDATE The subject Ordinance was approved at First Reading on May 4, 2022, with no changes. SUPPORTING SURVEY DATA Enhancing Cultural Identity of the City FINANCIAL INFORMATION No Fiscal Impact Identified Page 58 of 114 CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. Applicable Area South Beach Is this a "Residents Right Does this item utilize,G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description ❑ Ordinance ❑ Overlay MAP ❑ Ad Page 59 of 114 -dew ,. i� Aisib Collins ParkArts District Overlay -�RM' � °® • Wo- I cr :: Proposed Expansionci = I S 4 \\\\ ,... \ i pP��, \\\\\\\\\ \\\\ RM-3 2%4IN" ..... Existing \\„...* ••• 1\Nt • t‘N7414,41/4#14 Area \``\ `�� r?3 ..... .., ,.wiff="-- 4t104\4k*SAN4\ \...._,t, -,,,Nir,....TN 4. RM2 . - :.4ks;'''' ,."' .141414."74"V1/44447'414'h4 0111 2 A Vifftitt4 f , -,.-klk 4.Att,‘N,40#4 slot .., - \ ' k‘;)., --4'. A\ ,,--- k, ?--:-., ',Ivk •tt,,tk 'NI I ts 4 pll 0,..,,4 0 scorr ' 1,1 l' ' . l000/ip . . 1 & A N4N, ''— 'N , g. V41 ..... .. .. .. ., , , ,,.,,,,..v4,‘,„,,,,,4,, - , , • N Nt ©D4 ? - ,,,,, ss14,0,4, . *, ,s* ,.- *. N'''N 'yt,°41 ' ,, , , ,, , ' - :!- ""VV„)„,,,.,„,;,4,-.4t. N\-N,No°,,,,,,:z\\...-\_.. .,,,,,,,\, \,„.,•,--,----- \ \ r hil 00 -;:. ' - �CC 4040\plE)144:\:,<°,414\s;t4t4t#* N1/4,‘,vs\'4 '.. .zRivol.,,, , .. „it, .ti, RM 3 � K ' i ,, ,', JQ ® P rI--roposed Expansi• on ;: ,, U' - r qt� rt aT-a fir_val f f 1 M;-,� j�p�'� , .,.., % : V e_ U��1.b CO G 1 �r ��Collins-ParkArts.&Entertainment District Existing Area 0 100 200 400 60Feet OCollins Park Arts&Entertainment District-Proposed Expansion -„�J'P S' �u>:.U'Jo I_uu''ww'',N, .uuwu.w,•. SUNDAY MAY 8 2022 I 1 NEIGHBORS 1 21NE miAt.c.D Community Zoning Appeals Board CITY OF MIAMI BEACH 2022 Elections NOTICE OF PUBLIC HEARING Become Involved in your community,Board Members help shape their community ORDINANCE AMENDING THE COLLINS PARK by making zoning and land use decisions for a specified geographic area ARTS DISTRICT OVERLAY Available Seats for 2022 Ballot: ENTERTAINMENT AND CULTURAL USES AMENDMENT Board 2 Board 11 (Northeas] (West Kendall) MAY 25, 2022 Subarea-21 Subarea-At-Large CITY COMMISSION MEETING Subarea-23 Subarea-113 Subarea-24 Subarea-115 NOTICE IS HEREBY GIVEN that on May 25,2022,at 5:24 p.m.,or as soon thereafter as the matter Subarea-At-Large Subarea-116 can be heard,the Mayor and City Commissioners of the City of Miami will hold a Second Reading/ Public Hearing on the following proposed Ordinance: Subarea-26 COLLINS PARK ARTS DISTRICT OVERLAY and 5 Board 12 ENTERTAINMENT AND CULTURAL USES AMENDMENT (Country Club of Miami) (Kendall) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, Subarea-51 Subarea-121 AMENDING THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,BY AMENDING CHAPTER 142, Subarea-52 Subarea-122 "ZONING DISTRICTS AND REGULATIONS,' ARTICLE III, 'OVERLAY DISTRICTS," DIVISION 7, Subarea-53 Subarea-123 "CULTURAL ARTS NEIGHBORHOOD DISTRICT OVERLAY(CANDO),"BY ADDING CERTAIN CULTURAL Subarea-54 Subarea-124 USES AS ALLOWABLE ACCESSORY USES AND BY EXPANDING THE BOUNDARIES OF THE OVERLAY Subarea-55 Subarea-125 DISTRICT AND PERMITTING INDOOR ENTERTAINMENT IN ESTABLISHMENTS AS AN ACCESSORY Subarea-At-Large USE TO A RESTAURANT OR HOTEL;PROVIDING FOR CODIFICATION;REPEALER;SEVERABILRY; APPLICABILITY;AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 118-164 Board 7 Board 14 of the Cily's Land Development Code.Inquiries may be directed to the Planning Department at (Biscayne Shores) (Redland] 305.673.7550. Subarea-71(a) Subarea-.141 During the May 25,2022 Commission Meeting,the City Commission will be physically present Subarea-71(b) Subarea-143 in the Commission Chamber,Miami Beach.City Hall,1700 Convention Center Drive,3rd Floor,Miami Subarea-72(a) Subarea-145 Beach,FL 33139.Applicants and the public are encouraged to attend the meeting virtually(as Subarea-72(b) provided below).However,members of the public who wish to attend the meeting or provide public comment in person may appear at the Commission Chamber. Subarea-73(a) Subarea-73(b) To participate or provide comment virtually during the Commission Meeting,the public may join the weblnar at:https7/miamlbeachfl-govzgom.us/i/81392857671 or via telephone al:1.301.715.8592 oar I B Board 15 (U.S.)or 888.475.4499(Toll-Free).Webinar ID:81392857671 e.Members of the public wanting to (North Central) (South Bay) speak virtually on an Item during the meeting must click the'raise hand'icon if using the Zoom app Subarea-81 Subarea-151 or press'9 on the telephone to raise their hand. Subarea-83 Subarea-153 INTERESTED PARTIES are invited to take part in this meeting or be represented by an agent. Subarea-85 Subarea-155 The public may submit written comments by sending an email to:CityClerkramlamibeachfl.gov by Subarea-At-Large Subarea-156 500 p.m.the day before the City Commission Meeting.Please Identify the Agenda Item Number in the email subject line.Ernails received will be forwarded to the Mayor and Commissioners and will be Board 10 Board 16 Included as a part of the meeting record. (Westchester) (Fisher Island) Copies of Agenda Items are available for public inspection at:httpsy/wwwmiamibeachll.gov/ Subarea-101 Subarea-161-A clN-halVcilv-clerk/agerida-archive-main-page-2/. This meeting;or any Items therein, may be Subarea-103 Subarea-it t-B continued,and under such circumstances,additional legal notice need not be provided. Subarea-105 Subarea-161-E Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides Subarea-161-F to appeal any decision made by the City Commission concerning any matter considered at its meeting or its hearing,such person must ensure that a verbatim record.of the proceedings Is made,which Electedrecord includes the testimony and evidence upon which the appeal is to be based.This notice does Board Members shall,for at least six(6)months prior to qualifying,have been resident not constitute consent by the City for the introduction or admission of otherwise inadmissible or electors of the board area for which they ate qualifying,and,for at least three(3)years prior to Irrelevant evidence,nor does It authorize challenges or appeals not otherwise allowed by law qualifying,resident electors of Miami-Dade County.Additionally,each elected Board Member To request Ibis material in an alternate format,sign language interpreter(fluedaynotice required), seeking to represent a subarea shall,for three(3)months prior to qualifying,have been a Information on access for persons with disabilities,and/or any accommodation to review any document resident elector of the separate subarea of the board area for which the Member is qualifying. or participate In any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for The qualifying period to run for the August 23,2022 election begins at 8i00 a.m.,Monday, Spanish,then option 6;TT/users may call via 711(Florida Relay Service). June 13,2022 through noon,Tuesday,June 14,2022.The qualifying office may accept and hold qualifying documents submitted no earlier than 14 days prior(May 30,2022)to the beginning of The City Commission Meeting will be broadcast live on Miami Beach TV(MBTV),viewable on the the qualifying period.To verify-the subarea of your residence,please contact the Department of City's website at httpsy/w;vw.miamibeachli.qov/governmenVmbw/,as well as on Atlantic Broadband Cable channel 660,AT&T U-verse channel 99,Hotwire Communications channel 395,and ROKU Regulatory and Economic Resources,Zoning Agenda Coordinator-at 305-375-1244. device on PEG.TV channel,and on social media at https://www.facebook.com/cllvotmIamlbeach. Should you have any questions or concerns that pertain to the qualification process, MIAMI BEACH y���^^^ p p Rafael E.Granada,City Clerk please contact Miami-Dade County Elections Department, Campaign Qualifying Section at M I a M I B Lp C Fl City of Miami Beach 305-499.8410.Miami-Dade County employees are not eligible. , ` t.N o a r e citvCledc®mlam beachn.aov 305.673.7411 AD:05252022-02 For legal ads online,go to http://legaiads:miamidade.gov Page 65 of 114