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R5F-Faena District Comprehensive Plan And District Overlay -Malakoff-COMMISSION ITEM SUMMARY Gondensed Title: First Reading to consider Ordinance Amendments to the Comprehensive Plan anO tanO Oevelopnrent Regulations establishing the "Faena District Overlav". Clerk's Office islative Tracki A.ENDA rrem fSF lncrease satisfaction with neighborhood character. lncrease satisfaction witn Oeveiopnrent anO SupportingData(Surveys,EnvironmentalScan,etc48o/ootresidentialre@ businesses rate the effort put forth by the City to regulate development is "about the riqht amount." Item Summary/Recommendation : FIRST READING PUBLIC HEARING The proposed Ordinances would amend the Comprehensive Plan and Land Development Regulations to establish the "Faena District Overlay" which would allow for place of assembly, retail, and general office as main permitted uses in limited circumstances within RM-2 zoned properties; and would permit new construction in the underlying RM-3 portions of the overlay to be 220 feet in height. The Administration recommends that the City Commission: 1) accept the recommendation of the Land Use and Development Committee via separate motion; 2) transmit the proposed Comprehensive Plan Amendment to review agencies pursuant to 163.3184(2), F.S. and set the Adoption Public Hearing for December 17,2014; and 3) approve the Overlay Ordinance Amendment at First Reading and sLt a Second Reading Public Hearing for December 17,2014. onAugust26,2014theP|anningBoardrecommendedapprovalortnesun@ of 6 to 0 (Planning Board File No.2202 &2197). Financial lnformation: Source of Funds: Amount Account 1 2 3 OBPI Total Financial lmpact Summary: ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long{erm economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. Thomas Mooney T:\AGEN DA\20 1 4\October\Faena District Overtay - SUM First Reading. docx MIAMIBEACH o^rE /0'2p^ l(353 MIAMIBEACH City of ItAiomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members of [he City C FROM: Jimmy L. Morales, City Manager DATE: October 22,2014 FIRST READING - PUBLIC HEARING SUBJECT: Faena District - Gomprehensive Pl{ Amendment Faena District - Overlay Ordinance Amendment AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, AMENDING POLICY 1.2 OF THE FUTURE LAND USE ELEMENT OF THE GOMPREHENSIVE PLAN PURSUANT TO THE PROCEDURES tN SECTTON 163.3184(3), FLORIDA STATUTES, BY MODTFyTNG THE MEDTUM DENSTTY MULTI FAMTLY RESTDENTTAL (RM-2) AND THE HIGH DENSTTY MULT| FAMTLY RESTDENTTAL (RM-3) FUTURE LAND USE CATEGORIES TO ESTABLISH THE 'FAENA DISTRICT OVERLAY' IN ORDER TO ALLOW FOR PLACE OF ASSEMBLY, RESTAURANT, RETAIL AND GENERAL OFFICE AS MAIN PERMITTED USES WITHIN ITS BOUNDARIES; PROVIDING FOR INCLUSION lN THE COMPREHENSIVE PLAN, TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEAGH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS'' ARTIGLE III ''OVERLAY DISTRICTS'" GREATING DIVISION 9 ''FAENA DISTRICT OVERLAY1 TO EXPAND THE ALLOWABLE USES IN THE FAENA DISTRICT OVERLAY TO INCLUDE PLACE OF ASSEMBLY, RETAIL AND GENERAL OFFICE AS A MAIN PERMITTED USE IN LIMITED CIRCUMSTANGES, TO PERMIT NEW CONSTRUCTION IN THE UNDERLYING RM.3 PORTION OF THE FAENA DISTRICT OVERLAY TO BE 220 FEET lN HEIGHT; PROVIDING FOR REPEALER; SEVERABILIW; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMM ENDATION : The Administration recommends that the City Commission: 1) accept the recommendation of the Land Use and Development Committee via separate motion; 2) transmit the proposed Comprehensive Plan Amendment to the applicable review agencies pursuant to 163.3184(2), F.S. and set the Adoption Public Hearing for December 17, 2014; and 3) approve the Overlay Ordinance Amendment at First Reading and set a Second Reading Public Hearing for December 17,2014. 354 Commission Memorandum Faena Comprehensive Plan Amendment and Overlay District October 22, 2014 Page 2 of 6 BACKGROUND On June 11, 2014, at the request of Commissioner Joy Malakoff, the City Commission referred this request to the Land Use and Development Committee (ltem C4G). Additionally, the matter was referred to the Planning Board. Notwithstanding the referral action by the City Commission, the proposer also filed a private application to the Planning Board. On July 9,2014 the Land Use and Development Committee recommended approval of the proposed overlay district. THE PROPOSAL The owner and developer of the new FAENA Hotel project on Collins Avenue between 32nd and 35th Streets, has acquired a number of adjacent parcels, with frontage along both sides of Collins Avenue and a smaller more limited frontage on lndian Creek Drive. The parcels west of Collins Avenue are located in the more restrictive RM-2 zoning district, which has limitations on non-residential uses. Specifically, in the RM-2 district, non-residential uses such as restaurants, retail and assembly spaces are only permitted as an accessory use to a main permitted hotel use. A proposal for an overlay district, limited to the developer's properties, has been put forth, in order to modify some of the restrictions governing permitted uses in the RM-2 district. Attached is a copy of the proposed overlay Ordinance as transmitted by the Planning Board. The following is a summary of the proposed Faena District Overlay: . Allow for ballroom and assembly space (west of Collins and south of 34th Street) as a conditional use, within the confines of the overlay district. Typical uses would include art exhibits, conferences and other similar activities. . Allow commercial uses to be a main permitted use within existing contributing structures on the west side of Collins Avenue. o lncrease the maximum height of new structures on the east side of Collins Avenue by twenty (20) feet, up to 220 feet total. ANALYSIS The Ordinance proposed by the developer has been modified from the version originally presented to the Land Use Committee, in response to concerns expressed by neighboring property owners and staff. ln this regard, Planning staff had expressed some concerns regarding the proposal to allow ballroom and assembly space exceeding N.l.E. thresholds as a main permitted use in an RM-2 district. Particularly because the site within the district where the larger assembly use is proposed (the block bounded by 33'd and 34th Streets and Collins Avenue and lndian Creek Drive) is not completely internal to the district, with residential condominiums abutting the proposed assembly uses both to the north and south, the Planning Board recommend that such use only be permitted as a Conditional Use, as it is by definition a Neighborhood lmpact Establishment, as defined in Section 142-1361 of the City Code: Neighborhood impact establishment means: (1) An alcoholic beverage establishment or restaurant, not also operating as 355 Commission Memorandum Faena Comprehensive Plan Amendment and Overlay District October 22, 2014 Page 3 ol 6 an enteftainment establishment or dance hall (as defined in section 114- 1), with an occupant content of 300 or more persons as determined by the chief fire marshal; or(2) An alcoholic beverage establishment or restaurant, which ,s a/so operating as an entertainment establishment or dance hall (as defined in section 114-1), with an occupant content of 200 or more persons as determined by the chief fire marshal. Based upon plans previously submitted, the size of the proposed ballrooms and meeting rooms is approximately 10,000 SF, with a total F.A.R. of over43,000 SF, and a parking requirement of 161 spaces. Currently, as per Section 142-902 of the City Code, Neighborhood lmpact Establishments are not permitted as accessory uses in the RM-2 zoning district. The Planning Board recommended that this use be allowed as a Conditional Use, but not as a main permitted use. Regarding the proposal to allow commercial uses as main permitted use in contributing structures on the west side of Collins Avenue, the Planning Board recommended that these uses be limited to retail, office and smaller restaurant uses only. As it pertains to the proposed increase in height to 220 feet within the RM-3 district, this request pertains to the existing Versailles Hotel parcel, and includes a proposal to demolish the non-original 8-story addition to the original 12-story hotel, and the construction of a new residential tower. Such demolition and new construction would be subject to the issuance of a Certificate of Appropriateness from the Historic Preservation Board. COMPREHENSIVE PLAN REQUIREMENTS This proposal requires a text amendment to Policy 1.2 of the Future Land Use element of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31 days after it is adopted if there are no appeals. PLANNING BOARD REVIEW On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the attached proposals to the City Commission with a favorable recommendation FISGAL !MPACT ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City, and should increase the property's value, as new development is added to the City's tax rolls. 356 Commission Memorandum Faena Comprehensive Plan Amendment and Overlay District October 22, 2014 Page 4 of 6 SUMMARY Subsequent to the transmittal of the subject Ordinance by the Planning Board, it was determined that one of the existing structures within the proposed overlay, on the west of Collins Avenue, had fallen into such an advanced state of structural deterioration, that a replication of a substantial portion of the building was warranted. The Historic Preservation Board has discussed this proposal, and indicated that approval of an application for the demolition and replication of the Atlantic Beach structure would be received favorably. ln light of this circumstance, a small modification to Section 142-873 of the proposed overlay Ordinance will be required, in order to allow for limited commercial uses within existing or'replicated' contributing structures. The proposed modified text is delineated in the conclusion below. CONCLUSION The Administration recommends that the City Commission: 1. Accept the recommendation of the Land Use and Development Committee via separate motion. 2. Transmit the proposed Comprehensive Plan Amendment to review agencies pursuant to 163.3184(2), F.S. and set the adoption public hearing for December 17,2014. 3. Approve the Overlay Ordinance Amendment at First Reading, and set a Second Reading Public Hearing for December 17,2014, with the following modification to Section 142-873 (b). Within the areas that have an underlvino zoninq desiqnation of RM-2. the followinq mav be considered a main permitted use within an existina or rep I i cated' Contri b uti n q' structu re :i. Retail.ii. Office. includino offices open to the qeneral public. iii. Restaurants with an aqoreqate occupant load of less than 99 oersons. Restaurants, Restaurants exceedino an aqqreqate occuoant load of 99 persons shall require conditional use approval. JLMWfiRMlMAB/RAM T:\AGENDA\2014\October\Faena Diskict - 1 st Reading MEM.docx 357 Commission Memorandum Faena Comprehensive Plan Amendment and Overlay District October 22. 2014 Page 5 o'f 6 Aerial Faena Overlay District Location: Generally Collins Avenue between 32nd and 36th Street 358 Commission Memorandum Faena Comprehensive Plan Amendment and Overlay Distict October 22, 2014 Paqe 6 of 6 Future Land Use Faena Overlay District 500 Feet Location: Generally Collins Avenue between 32nd and 36th Street 359 COMPREHENSIVE PLAN _ FAENA DISTRICT OVERLAY ORDINANCE NO. AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN PURSUANT TO THE PROCEDURES rN SECTTON 163.3184(3), FLORIDA STATUTES, BY MODIFYING THE MEDIUM DENSITY MULT! FAMTLY RESTDENTTAL (RM-2) AND THE HIGH DENSTTY MULTr FAMTLY RESTDENTTAL (RM-3) FUTURE LAND USE GATEGORTES TO ESTABLISH THE 'FAENA DISTRIGT OVERLAY' IN ORDER TO ALLOW FOR PLACE OF ASSEMBLY, RESTAURANT, RETAIL AND GENERAL OFFICE AS MAIN PERMITTED USES WITHIN ITS BOUNDARIES; PROVIDING FOR INCLUSION lN THE GOMPREHENSIVE PLAN,TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach seeks to encourage and incentivize new development and the preservation and restoration of structures located within the Collins Avenue corridor; and WHEREAS, the City of Miami Beach desires to create an overlay district for the large collection of contiguous properties owned and operated by the Faena Group that are located in the RM-2 and RM-3 future land use categories along Collins Avenue between 32nd Street and 36th Street; and WHEREAS, establishing the 'Faena District Overlay' in the RM-2 and RM-3 Future Land Use categories is necessary to ensure the development of that property will be compatible with development in adjacent and surrounding areas, and will contribute to the public health, safety and welfare of the City; and WHEREAS, the City of Miami Beach has determined that establishing the Faena District Overlay as provided herein will ensure that new development is compatible and in scale with the built environment, and is in the best interest of the City; WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendment to the Medium Density Multi Family Residential Category (RM-2) in Policy 1.2 of the City's Comprehensive Plan Future Land Use Element is hereby adopted: Medium Density Multi Family Residential Category (RM-2) Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and/or new medium density multi family residential areas. 360 Uses which may be permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, multiple family dwellings, apartment hotels and hotels. Residential office uses are permitted in RM-2 only in the West Avenue Bay Front Overlay District, as described in the Land Development Regulations. Places of assemblv. restaurant, retail and oeneral office uses are main permitted uses in the Faena District Overlav. as set forth in the Land Development Reoulations. SECTION 2. The following amendment to the High Density Multi Family Residential Category (RM-3) in Policy 1.2 of the City's Comprehensive Plan Future Land Use Element is hereby adopted. High Density Multi Family Residential Category (RM-3) Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and/or new high density multi family residential and hotel areas. Uses which may be permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, multiple family dwellings, apartment hotels and hotels. Place of assemblv uses are main permitted uses in the Faena District Overlav, as described in the Land Develooment Requlations. SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION4. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. CODIFICATION. It is the intention of the City Commission that this Ordinance be entered into the Comprehensive Plan, and it is hereby ordained 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. The Exhibits to this Ordinance shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's Office. SECTION 6. TRANSMITTAL. The Planning Director is hereby directed to transmit this ordinance to the appropriate state, regional and county agencies as required by applicable law. SECTION 7. EFFEGTIVE DATE. This ordinance shall take effect 31 days after adoption pursuant to Section 163.31 84(3) Florida Statutes. PASSED and ADOPTED this day of 2014. 361 ATTEST: CITY CLERK First Reading/Transmittal: October 22, 2Q14 Second Reading/Adopti ber. . .2014 Verified By: Thomas R. Planning Director Underline = new language S+rit<e$reugh = deleted language T:\AGENDA\2014\October\Faena District Overlay Comp Plan - ORD First Read.docx MAYOR APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION 3 362 FAENA DISTRICT OVERLAY ORDINANGE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS'' ARTICLE III "OVERLAY DISTRICTS'" CREATING DIVISION 9 "FAENA DISTRICT OVERLAY'" TO EXPAND THE ALLOWABLE USES IN THE FAENA DISTRICT OVERLAY TO INCLUDE PLACE OF ASSEMBLY, RETAIL AND GENERAL OFFICE AS A MAIN PERMITTED USE IN LIMITED CIRGUMSTANCES, TO PERMIT NEW CONSTRUCTION IN THE UNDERLYING RM.3 PORTION OF THE FAENA DISTRICT OVERLAY TO BE 220 FEET lN HEIGHT; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFEGTIVE DATE. WHEREAS, the City desires to encourage private property owners to redevelop and manage properties under common ownership comprehensively rather than piecemeal; and WHEREAS, the common ownership, management and operation of the various properties and uses will allow the various uses to harmoniously co-exist and be managed in a cohesive manner; and WHEREAS, the City of Miami Beach seeks to encourage and incentivize new development and the preservation and restoration of structures located within the Collins Avenue corridor; and WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the large collection of contiguous properties owned and operated by the Faena Group that are located in the RM-2 and RM-3 districts along Collins Avenue in-between 32nd Street and 36th Street; and WHEREAS, the amendment set forth below is 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, Article lll entitled "Overlay Districts", Division 9 "Faena District Overlay" is hereby created as follows: DIVISION 9. FAENA DISTRICT OVERLAY Sec. 142-871. Location and purpose. The overlav requlations of this division shall applv to the properties qenerallv described as those properties: 3) 363 b) lvinq West of Collins Avenue between 33'd Street and 35th Street (excludino Lots 14-17. Block 22 of the Ocean Front Propertv of the Miami Beach lmprovement Co. Subdivision, a.k.a. the Kino David Condominium; andg) lvino at the Northwest corner of Collins Avenue and 35th Street (Lots 10, 11 and 15, Block 24 of the Ocean Front Propertv of the Miami Beach lmprovement Co. Subdivision. a.k.a. the Claridoe Hotel). The purpose of this overlav district is to allow limited flexibilitv of uses and limited increases in heiohts because of the common ownership and operation of the properties within the overlav district. Sec. 1 42-872. Definitions. For this Division, the followino definitions shall applv: 1. "Place of Assemblv" means anv space without fixed seatinq that is not used for retail sales and service. restaurant. office or hotel. Tvpical activities that are permitted to occur in a place of assemblv include but are not limited to art exhibits, conferences, receptions, weddinqs and other similar activities as determined bv the Plannino Director. Sec. 142-873. Compliance with requlations. The followino overlav reoulations shall applv to the Faena District Overlav. All development reoulations in the underlvinq requlations shall applv, except as follows: (g) One (1) place of assemblv mav be permitted as a Conditional Use within the Faena District Overlav due to its coordinated use with all of the properties within the Faena District Overlav. in accordance with the followino minimum requirements: L There shall be no outdoor live or amplified music. (b) Within the areas that have an underlvino zonino desionation of RM-2. the followino mav be considered a main permitted use within a 'Contributino': L Retail.ii. Office, includino offices open to the qeneral public. iii. Restaurants with an aooreoate occupant load of less than 99 persons. Restaurants. Restaurants exceedino an aooreoate occupant load of 99 persons shall require conditional use approval. (q) Within the areas that have an underlvinq zonino desionation of RM-2. offices are a permitted accessory use to a olace of assemblv and a parkino qaraoe, whether a main use parkino oaraqe (commercial or non-commercial) or an accessorv parkino oaraoe. (gD Within the areas that have an underlvinq zonino desionation of RM-2, there shall not be anv open air entertainment establishments or outdoor entertainment establishments. (e) Within the areas that have an underlvinq zonino desionation of RM-3, the maximum heioht for new construction is 220 feet. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or re-lettered 364 to accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILIry. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFEGTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of 20 ATTEST: CITY GLERK First Reading: October 22,2014 Second Reading; December _,2014 Verified by: Planning Director Underscore denotes new language T:!\GENDA\2014\October\Faena District Overlay - ORD First Read.docx MAYOR '"AifX,"J=.R'ff.;?=n & FOR EXECUTION( \ tt) r>il*\ ( ;\- {D-L- tQI+\--tl City Attorney , t Date,,NW D 365 o o= tE ;ido oX8.30 5i{ : 3s ',. 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October 22. 2014 at 11:30 a.m., in the City Commission Chambers, Third Floor, City Hall, 1700 Cdnvention Center Drive, Miami Beach, Florida. Faena District - Comprehensive Plan Amendment (PB File No.22O2l. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING POLICY 1,2 OFTHE FUTURE LAND USE ELEMENTOFTHE COMPREHENSIVE PLAN PURSUANT TO THE PROCEDURES tN SECTTON 163.3184(3), FLORTDA STATUTES, BY MODIFYING THE MEDTUM DENSTTY MULTT FAMTLY RESTDENTTAL (RM-2)AND THE HtGH DENSITY MULTI FAMILY RESTDENTTAL (RM-3) FUTURE LAND USE CATEGORTES TO ESTABLTSH THE "FAENA DISTRICT OVERLAY" IN ORDER TO ALLOW FOR PLACE OF ASSEMBLY RESTAURANT, RETAIL AND GENERAL OFFICE AS MAIN PERMITTED USES WITHIN ITS BOUNDARIES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TMNSMITTAL; REPEALER; SEVERABILITY;AND AN EFFECTIVE DATE. Faena District Overlay (PB File No. 2197). AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, AMENDING THE I.AND DEVELOPMENT REGUI.AI-IONS OF THE CODE OF THE CIry OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE III -OVERLAY DISTRICTS", CREATING DIVISION 9 "FAENA DISTRICT OVERLAY'" TO EXPAND THE ALLOWABLE USES IN THE FAENA DISTRICT OVERLAY TO INCLUDE PLACE OF ASSEMBLY RETAIL AND GENERAL OFFICE AS A MAIN PERMITTED USE IN LIMITED CIRCUMSTANCES, TO PERMIT NEW CONSTRUCTION IN THE UNDERLYING RM-3 PORTION OFTHE FAENA DISTRICT OVERLAYTO BE22O FEET lN HEIGHI; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the Miami Beach City Commission c/o the City Clerk,'1700 Convention Center Drive, First Floor, City Hall, Miami Beach, Florida 33.139. The Ordinances and other related materials are available for public inspection during normal business hours in the City Clerk's Office. lnquiries may be directed to the Planning Department at (305) 673-7550. The hearings on these Ordinances may be continued at this meeting and, under such circumstances, additional legal notlce would not be provided. Please contact the City Clerk's Office at (305) 673-7411 for information as to the status of the Ordinances as a result of the meeting. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: lf a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City o{ the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at 305.673.741 1(voice) or TTY users may also call the Florida Relay Service at 7.1 1. Ad 937 Atlanlic Ocean 367 THIS PAGE INTENTIONALLY LEFT BLANK 368