95-21804 Reso RESOLUTION NO. 95-21804
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING DATES AND TIMES FOR TWO PUBLIC HEARINGS TO
CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE
NO. 89-2665, AMENDING SECTION 3, ENTITLED "DEFINITIONS" , AMENDING
SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY MODIFYING THE
DEFINITION OF OUTDOOR CAFE, CLARIFYING THAT AN OUTDOOR BAR COUNTER
IS CONSIDERED AN ACCESSORY AND/OR CONDITIONAL USE AND BY ADDING A
DEFINITION FOR "OUTDOOR BAR COUNTER" ; AMENDING SECTION 6, ENTITLED
"SCHEDULE OF DISTRICT REGULATIONS" AND SECTION 20, ENTITLED "PS
PERFORMANCE STANDARD DISTRICT" , AMENDING SUBSECTIONS 6-3, 6-4, 6-6,
6-7, 6-8, 6-14, 6-16 AND 20-3 BY LISTING OUTDOOR BAR COUNTERS OPEN
TO THE GENERAL PUBLIC OPERATED BETWEEN THE HOURS OF MIDNIGHT AND 5
A.M. AS CONDITIONAL USES IN THE FOLLOWING DISTRICTS : RM-2
RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY, RM-3 RESIDENTIAL MULTI
FAMILY, HIGH INTENSITY, MXE MIXED USE ENTERTAINMENT, CD-1
COMMERCIAL, LOW INTENSITY, CD-2 COMMERCIAL, MEDIUM INTENSITY, CD-3
COMMERCIAL, HIGH INTENSITY, I-1 LIGHT INDUSTRIAL, R-PS3 RESIDENTIAL
MEDIUM HIGH DENSITY, R-PS4 RESIDENTIAL HIGH DENSITY, C-PS1
COMMERCIAL LIMITED MIXED USE, C-PS2 COMMERCIAL GENERAL MIXED USE,
C-PS3 COMMERCIAL INTENSIVE MIXED USE, C-PS4 COMMERCIAL INTENSIVE
PHASED BAYSIDE, RMPS-1 RESIDENTIAL MIXED USE; AMENDING SUBSECTION
6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT" BY AMENDING
THE USE REGULATIONS CLARIFYING THAT USES SERVING ALCOHOLIC
BEVERAGES ARE ACCESSORY USES RATHER THAN MAIN PERMITTED USES,
MODIFYING THE MAXIMUM HEIGHT REGULATIONS, AND MODIFYING THE SETBACK
REQUIREMENTS; AMENDING SUBSECTION 6-21, ENTITLED "REGULATION OF
ACCESSORY USES" BY CLARIFYING THE PROVISIONS FOR ACCESSORY USES IN
THE MXE DISTRICT; AMENDING SUBSECTION 6-28, ENTITLED "MODIFICATION
OF HEIGHT REGULATIONS" (ALL DISTRICTS OF THE CITY) BY AMENDING THE
LIST OF STRUCTURES THAT MAY PROJECT ABOVE THE MAIN ROOF LINE;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Historic Preservation
Services Division has recommended an Ordinance of the Mayor and
City Commission of the City of Miami Beach, Florida, amending
1
Comprehensive Zoning Ordinance No. 89-2665, amending Section 3,
entitled "Definitions" , amending Subsection 3-2, entitled "Terms
Defined" by modifying the definition of outdoor cafe, clarifying
that an outdoor bar counter is considered an accessory and/or
conditional use and by adding a definition for "Outdoor Bar
Counter" ; amending Section 6, entitled "Schedule of District
Regulations" and Section 20, entitled "PS Performance Standard
District" , amending Subsections 6-3 , 6-4, 6-6, 6-7, 6-8, 6-14, 6-16
and 20-3 by listing outdoor bar counters open to the general public
operated between the hours of Midnight and 5 a.m. as conditional
uses in the following districts : RM-2 Residential Multi Family,
Medium Intensity, RM-3 Residential Multi Family, High Intensity,
MXE Mixed Use Entertainment, CD-1 Commercial, Low Intensity, CD-2
Commercial, Medium Intensity, CD-3 Commercial, High Intensity, I-1
Light Industrial, R-PS3 Residential Medium High Density, R-PS4
Residential High Density, C-PS1 Commercial Limited Mixed Use, C-PS2
Commercial General Mixed Use, C-PS3 Commercial Intensive Mixed Use,
C-PS4 Commercial Intensive Phased Bayside, RMPS-1 Residential Mixed
Use; amending Subsection 6-16, entitled "MXE Mixed Use
Entertainment District" by amending the use regulations clarifying
that uses serving alcoholic beverages are accessory uses rather
than main permitted uses, modifying the maximum height regulations,
2
and modifying the setback requirements; amending Subsection 6-21,
entitled "Regulation of Accessory Uses" by clarifying the
provisions for accessory uses in the MXE district; amending
Subsection 6-28, entitled "Modification of Height Regulations" (all
districts of the City) by amending the list of structures that may
project above the main roof line; providing for inclusion in the
Zoning Ordinance; providing for repealer, severability and an
effective date; and
WHEREAS, on October 24, 1995 the City' s Planning Board held a
public hearing to consider the proposed ordinance and voted in
favor of recommending that the Mayor and City Commission adopt the
proposed ordinance; and
WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-
2665, the proposed Ordinance must now be considered by the Mayor
and City Commission at public hearings.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission will consider an Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, amending
Comprehensive Zoning Ordinance No. 89-2665, amending Section 3 ,
entitled "Definitions" , amending Subsection 3-2, entitled "Terms
3
Defined" by modifying the definition of outdoor cafe, clarifying
that an outdoor bar counter is considered an accessory and/or
conditional use and by adding a definition for "Outdoor Bar
Counter" ; amending Section 6 , entitled "Schedule of District
Regulations" and Section 20, entitled "PS Performance Standard
District" , amending Subsections 6-3 , 6-4, 6-6 , 6-7, 6-8, 6-14, 6-16
and 20-3 by listing outdoor bar counters open to the general public
operated between the hours of Midnight and 5 a.m. as conditional
uses in the following districts : RM-2 Residential Multi Family,
Medium Intensity, RM-3 Residential Multi Family, High Intensity,
MXE Mixed Use Entertainment, CD-1 Commercial, Low Intensity, CD-2
Commercial, Medium Intensity, CD-3 Commercial, High Intensity, I-1
Light Industrial, R-PS3 Residential Medium High Density, R-PS4
Residential High Density, C-PS1 Commercial Limited Mixed Use, C-PS2
Commercial General Mixed Use, C-PS3 Commercial Intensive Mixed Use,
C-PS4 Commercial Intensive Phased Bayside, RMPS-1 Residential Mixed
Use; amending Subsection 6-16, entitled "MXE Mixed Use
Entertainment District" by amending the use regulations clarifying
that uses serving alcoholic beverages are accessory uses rather
than main permitted uses, modifying the maximum height regulations,
and modifying the setback requirements; amending Subsection 6-21,
entitled "Regulation of Accessory Uses" by clarifying the
4
provisions for accessory uses in the MXE district; amending
Subsection 6-28, entitled "Modification of Height Regulations" (all
districts of the City) by amending the list of structures that may
project above the main roof line; providing for inclusion in the
Zoning Ordinance; providing for repealer, severability and an
effective date, on first reading at a public hearing on December
20, 1995 at 2 :30 p.m. , and if the proposed Ordinance passes on
first reading, a second reading and public hearing 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 January 10, 1996, beginning at 2 :30 p.m. , and the City
Clerk is hereby authorized and directed to publish appropriate
Public Notice of the said Public Hearings in a newspaper of general
circulation in the City of Miami Beach, at which time and place all
interested parties will be heard.
PASSED and ADOPTED this 8th day of November , 1995 .
ATTEST:
lMAYOR
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Of CITY CLERIC
SWS:scf:6.0disk9\outdoor3.res
FORM APPROVED
Egal Dept. 5
By A�?
Date sue l o•31-C S
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. <B t
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
November 8, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: Setting f First Reading Public Hearing and Second
Reading Public Hearing - an Ordinance Amending
Comprehensive Zoning Ordinance No. 89-2665, by
Amending Section 3, Entitled "Definitions" ,
Amending Subsection 3-2, Entitled "Terms Defined"
by Modifying the Definition of Outdoor Cafe
Clarifying that an Outdoor Bar Counter is
Considered an Accessory and/or Conditional Use and
by Adding a Definition for "Outdoor Bar Counter" ;
and by Amending Section 6, Entitled "Schedule of
District Regulations" and Section 20, Entitled "PS
Performance Standard District" , Amending
Subsections 6-3, 6-4, 6-6, 6-7, 6-8, 6-14, 6-16 and
20-3 by Listing Outdoor Bar Counters Open to the
General Public Operated Between the Hours of
Midnight and 5 a.m. as Conditional Uses in the
Following Districts: RM-2 Residential Multi Family,
Medium Intensity, RM-3 Residential Multi Family,
High Intensity, MXE Mixed Use Entertainment, CD-1
Commercial, Low Intensity, CD-2 Commercial, Medium
Intensity, CDE-3 Commercial, High Intensity, I-1
Light Industrial, R-PS3 Residential Medium High
Density, R-PS4 Residential High Density, C-PS1
Commercial Limited Mixed Use, C-PS2 Commercial
General Mixed Use, C-PS3 Commercial Intensive Mixed
Use, C-PS4 Commercial Intensive Phased Bayside,
RMPS-1 Residential Mixed Use; Amending Subsection
6-16, Entitled "MXE Mixed Use Entertainment
District" by Amending the Use Regulations
Clarifying that Uses Serving Alcoholic Beverages
are Accessory Uses Rather Than Main Permitted Uses,
Modifying the Maximum Height Regulations, and
Modifying the Setback Requirements; Amending
Subsection 6-21, Entitled "Regulation of Accessory
Uses" by Clarifying the Provisions for Accessory
Uses in the MXE District; Amending Subsection 6-28,
PAGE 1 OF 9
AGENDA ITEM C G
DATE 1 i _ _ 15
Entitled "Modification of Height Regulations (All
Districts of the City) " by Amending the List of
Structures that May Project Above the Main Roof
Line; Providing for Inclusion in the Zoning
Ordinance; Providing for Repealer, Severability and
an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission set a first
reading public hearing on December 20, 1995 and tentatively set a
second reading public hearing on January 10, 1996 for the attached
amendment . Due to the minimum 30-day notice requirement, pursuant
to Subsection 14-3A. 1 of the current Zoning Ordinance, these are
the earliest possible dates the matter may be scheduled for public
hearings by the City Commission.
BACKGROUND
The MXE District regulations that currently exist have proven not
to be sympathetic to the historic built environment of Ocean Drive
and Collins Avenue in the Architectural District as well as of
Ocean Terrace in North Beach. Virtually every new construction
project has required setback variances in these areas in order to
be developed in a manner which is more compatible with adjacent
structures.
The subject amendment was the topic of discussion at a workshop
held by the Planning Board on August 2, 1995 . At this workshop,
the amending ordinance was substantially changed to address outdoor
bar counters on a citywide basis, not just within the MXE District .
Commercial uses within the MXE District on Collins Avenue were
restricted as proposed in the original version of the amendment;
however, in response to concerns regarding implications of the Burt
J. Harris, Jr. Property Rights Act, commercial uses above the
ground floor are now proposed to remain, but would only be accessed
from within the building. The height restrictions for non-
oceanfront properties within the MXE District was kept at 50 feet
due to Federal Flood Ordinance requirements for habitable
residential finish floor elevations; however, the proposed height
restriction for Ocean Terrace would be 75 feet .
At the September 19, 1995 public hearing, the Planning Board
discussed at great length the hours of operation for outdoor bar
counters, the use of outdoor bar counters as accessory uses rather
than as main uses and the setback requirements for development
within the MXE district. At that meeting, the Board amended the
draft ordinance regarding outdoor bar counter hours of operation
PAGE 2 OF 9
requiring conditional use to the hours between midnight and 5 A.M.
Also, the Board concluded that large hotels should be able to use
their public areas before midnight without the need for conditional
use approval .
At the same September public hearing, the Board also expressed its
position that the side yard facing a street setback requirements
for non-oceanfront lots should be the same for all lots, regardless
of width in order for new development to be in harmony with the
built environment of the Architectural District or Ocean Terrace.
For clarification, only the areas between 5th and 15th streets on
Ocean Drive and between 6th and 16th Streets on Collins Avenue
(Local Historic District) and those properties facing on Ocean
Terrace between 73rd and 75th Streets are located within the MXE
(Mixed Use Entertainment) District .
The Planning Board held a public hearing on October 24, 1995 and
voted 5-0 (two absentees) to approve the amendment as instructed by
the Board at the September 19, 1995 public hearing. At that same
public hearing, the Planning Board also directed the Planning,
Design and Historic Preservation Division to draft another
amendment to the zoning ordinance which would create additional
review criteria for accessory outdoor bar counters when they are
reviewed as a conditional use by the Board. That companion
ordinance is tentatively scheduled to be heard by the Board at its
November 15, 1995 meeting.
OVERVIEW
After extensive analysis of built conditions in the affected areas
by the City' s planning staff, the amending ordinance is being
proposed to address front, side and rear setbacks for non-
oceanfront properties. What has been proposed would provide for
new construction (additions to existing buildings, as well as new
free standing structures) which would be more consistent and
compatible with the historic built environment . It is also
proposed to amend height restrictions to 75 feet on Ocean Terrace
in order to be more in keeping with the average heights of existing
structures in that area.
The modification of height regulations pertaining to rooftop
projections is an issue in need of clarification not only in the
MXE Districts, but all zoning districts citywide, especially those
that have height limitations .
The definitions for outdoor cafe and outdoor bar counter, as now
modified, expands the review and approval of these types of uses to
all applicable districts within the City as accessory conditional
uses, if they are open to the public and accessible to the general
public and operate between the hours of midnight and 5 A.M.
PAGE 3 OF 9
ANALYSIS
What follows is a section by section analysis of the proposed
amending ordinance.
Section 1.
This section of the proposed ordinance clarifies the definition for
"Cafe, Outdoor" by specifically excluding Outdoor Bar Counters as
a separate conditional or accessory use. The definition for "Bar
Counter, Outdoor" has been amended to read as an accessory use
only.
Section 2 .
This section of the proposed amendment includes the newly defined
"Out door Bar Counter, that is open to the general public and
operated between the hours of midnight to 5 A.M. , as an accessory
conditional use in the RM-2, RM-3, CD-1, CD-2, CD-3, and the I-1
zoning districts.
Section 3 .
This section of the proposed ordinance also includes the newly
defined "Outdoor Bar Counter, that is open to the general public
and operated between the hours of midnight and 5 A.M. , as a
conditional use in the applicable zoning districts within the South
Pointe Redevelopment Area. Specifically, this use would be
prohibited in the R-PS 1, 2 districts and reviewed as a conditional
accessory use in the R-PS 3 , 4; C-PS 1, 2, 3,4 and the RM-PS1
districts.
Section 4 .
This section of the proposed amendment also includes the newly
defined "Outdoor Bar Counter, that is open to the general public
and operated between the hours of midnight and 5 A.M. , as a
conditional accessory use in the MXE district . Also, the reference
to the serving of alcoholic beverages as a main permitted use would
be clarified as permitted by accessory uses only.
It is important to note, that currently any existing building on
Collins Avenue between 6th and 16th Streets and those buildings two
(2) stories or less fronting on Ocean Drive or Ocean Terrace may
contain commercial uses throughout the entire building with access
PAGE 4 OF 9
from the exterior or interior to the commercial uses above the
ground level . The proposed amendment would restrict access to
these commercial uses from within the interior of the building
only. This provision would help preserve the architectural
composition of the existing built environment by not permitting
commercial buildings with the upper floor catwalks for access .
This section also addresses development regulations within the MXE
district. Maximum building heights for buildings within the
Architectural District would not be changed. Properties on Ocean
Terrace would be limited to 75 ft . in height in order to be more
compatible with the surrounding existing building heights. For
that same reason, the setback requirements are amended to reflect
the existing historic built conditions. Habitable one-story
rooftop additions within the District would also be limited to a
maximum ceiling height of 14 feet . Placement and manner of
attachment of additions including those which are adjacent to
existing buildings would be subject to joint Design Review/Historic
Preservation Board approval. Front porches would be changed to a
ten (10) ft . depth which is consistent with the depth of most
existing historic structure porches .
At the September 19th public hearing, the non-oceanfront, side yard
facing a street setbacks were amended to 5 ft. for the pedestal
level and 7 . 5 ft . for the tower level of the building. Within the
Architectural District, the interior side yard setback for non-
oceanfront development remains effectively as originally proposed
at 5 ft . and for all other areas (Ocean Terrace) , the requirement
would be 5 ft . for the pedestal and 7 . 5 ft . for the tower portion
of the building.
The height restrictions for lots west of James and Park Avenue
would be deleted since these areas are now treated as being re-
zoned from MXE to RM-2 to conform with the amended Future Land Use
Map (FLUM) of the Comprehensive Plan. (Note: The City is awaiting
approval by the DCA for this amendment to the Comprehensive Plan
which the City Commission adopted and transmitted to the State in
June 1994) .
Section 5 .
This section of the proposed ordinance clarifies that within the
MXE district accessory uses are only permitted within structures
that have been substantially rehabilitated (in conformance with all
applicable guidelines and codes) . The proposed language also
codifies that the Planning and Zoning Director shall determine
those uses that are customarily associated with the operation of a
hotel . The reference to accessory uses for properties between
Washington Avenue, Washington Court, 21st Street, Liberty Avenue,
PAGE 5 OF 9
20th Street, Collins Avenue and 17th Street are removed since this
area is to be re-zoned from MXE to RM-2 based on the change already
in place on the Future Land Use Map (see Note above) .
Section 6 .
This section of the proposal clarifies the height regulations for
all districts within the City. Of particular note are radio,
television and cellular telephone towers or antennas are limited to
a maximum of 25 ft . above the roof deck of the main structure.
Previously, these structures could project as high as 125 ft . above
the height used to establish a require yard. The size of
decorative structures such as domes and spires is clarified. This
section also clarifies that swimming pools and their associated
decks would be permitted on rooftops. Finally, when any of the
listed items are free standing, they shall follow the height
limitations of the underlying zoning district. In a district
without a height restriction, the height of any of the listed
items, when free standing would be determined by the Design Review
Board pursuant to Section 18 of the current zoning code.
The last sections of the amendment provide for inclusion in the
Zoning Ordinance, repealer, severability and an effective date.
In reviewing a request for an amendment to the Zoning Ordinance or
a change in land use, the City Commission shall consider the
following:
1. Whether the proposed change is consistent and compatible with
the Comprehensive Plan and any applicable neighborhood or
Redevelopment Plans;
Consistent - The amendment is compatible with the
Comprehensive Plan, the Ocean Drive\Collins
Avenue Design Strategy Plan and the Secretary
of the Interior' s Standards for Rehabilitation
and Guidelines for Rehabilitating Historic
Structures.
2 . Whether the proposed change would create an isolated district
unrelated to adjacent or nearby districts;
Consistent - The amendment would not change the underlying
zoning district for any areas within the City.
PAGE 6 OF 9
•
3 . Whether the change suggested is out of scale with the needs of
the neighborhood or the City;
Consistent - The amendment is in scale with the overall
needs of the City and the Architectural
District to preserve the architectural style
of the built environment, foster new
development that is in keeping with the
surrounding built environment and control
outdoor uses that may have a negative effect
on neighboring properties .
4 . Whether the proposed change would tax the existing load on
public facilities and infrastructure;
Consistent - The LOS for the area public facilities and
infrastructure should not be negatively
affected, if at all, by the proposed amending
ordinance.
5. Whether existing district boundaries are illogically drawn in
relation to existing conditions on the property proposed for
change;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment.
6 . Whether changed or changing conditions make the passage of the
proposed change necessary;
Consistent - The increase in commercial development within
the MXE district has the potential to effect
negatively the existing integrity of the
Architectural District. Further, the increased
construction activity of new buildings and
additions warrants that they be made more
compatible.
7. Whether the proposed change will adversely influence living
conditions in the neighborhood;
Consistent - The proposed change should not negatively
effect living conditions or the Quality of
Life for the surrounding properties. Indeed,
the control of outdoor bar counters should
help improve the Quality of Life for
PAGE 7 OF 9
neighboring properties where such uses are
permitted. The change in development
regulations should provide for more pleasant
visual experiences.
8 . Whether the proposed change will create or excessively
increase traffic congestion beyond the Level Of Service as set
forth in the Comprehensive Plan or otherwise affect public
safety;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment .
9 . Whether the proposed change will seriously reduce light and
air to adjacent properties;
Consistent - The control of height restrictions should
increase the availability of light and air to
adjacent properties.
10 . Whether the proposed change will adversely affect property
values in the adjacent area;
Consistent - We believe that property values would not be
negatively affected by the proposed amendment .
11 . Whether the proposed change will be a deterrent to the
improvement or development of adjacent property in accordance
with existing regulations;
Consistent - The proposed amendment will not change the
development regulations for adjacent sites
which must comply with their own site specific
development regulations. Furthermore, the
proposed ordinance should not affect the
ability for an adjacent property to be
developed in accordance with said regulations.
PAGE 8 OF 9
•
12 . Whether there are substantial reasons why the property cannot
be used in accordance with existing zoning;
Not Applicable - The proposed amendment does not change
the underlying zoning district for any
property.
13 . Whether it is impossible to find other adequate Sites in the
City for the proposed Use in a district already permitting
such Use;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment .
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission set a first reading public hearing on December 20, 1995
and tentatively set a second reading public hearing on January 10,
1996 for the attached amending ordinance.
HSM\DJG\CT\MHF\DISK#18\1226CMS.95
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