20141022 SM31915.2015
MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 3
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 22,2014
Mayor Philip Levine
Vice-Mayor Michael Grieco
Commissioner Joy Malakoff
Com missioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul Aguila
City Clerk Rafael E. Granado
Visif us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all Iobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Gommittee, or any personnel as defined in the subject Code sections.
Copies of the Gity Code sections on lobbyists laws are available in the City Clerk's office. Questions
regarding the provisions of the Code should be directed to the Office of the City Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
RsF Faena District Overlay (Option B - Developer's Proposed Alternative Language)
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, ByAmending Chapter 142,"Zoning Districts And Regulations" Article lll "Overlay Districts,"
Creating Division 9 "Faena District Overlay," To Expand The Allowable Uses ln The Faena District
Overlay To lnclude Place Of Assembly, Retail And General Office As A Main Permitted Use ln
Limited Circumstances, To Permit New Construction ln The Underlying RM-3 Portion Of The Faena
District Overlay To Be 220 Feet ln Height; Providing For Repealer; Severability; Codification; And An
Effective Date.
(Legislative Tracking: Planning)
(Option B - Developer's Proposed Alternative Language)
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OPTION B - DEVELOPER'S PROPOSED ALTERNATE LANGUAGE
FAENA DISTRICT OVERLAY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLOR!DA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING GHAPTER 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 OF THE FAENA DISTRICT OVERLAY TO BE
220 FEET lN HEIGHT; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE 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:
Agenda ttem flSF
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b)lvinq West of Collins Avenue between 33'd Street and 35th Street (excludinq Lots 14-17.
Block 22 of the Ocean Front Propertv of the Miami Beach lmprovement Co. Subdivision.
a.k.a. the Kinq David Condominium: andg) lvinq at the Northwest corner of Collins Avenue and 35th Street (Lots 10. 11 and 15.
Block 24 of the Ocean Front Prooertv of the Miami Beach lmprovement Co. Subdivision.
a.k.a. the Claridqe Hotel).
The purpose of this overlav district is to allow limited flexibilitv of uses and limited increases in
heiqhts because of the common ownership and operation of the properties within the overlav
district.
Sec. 1 42-872. Definitions.
For this Division, the followinq definitions shall aoplv:
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 Planninq Director.
Sec. 142-873. Compliance with requlations.
The followinq overlav reoulations shall applv to the Faena District Overlav. All development
requlations in the underlvinq requlations shall applv. except as follows:
(a) One (1) place of assemblv mav be permitted as a main permitted Cenditienal-Uuse
within the Faena District Overlav due to its coordinated use with all of the properties
within the Faena District Overlav. in accordance with the followinq minimum
requirements:
i. There shall be no outdoor live or amplified music.ii. Noise emanatinq from the place of assemblv shall not be heard on anLabuttinq
propertv at a volume that interferes with normal conversation. The term abuttinq
for this purpose includes properties across a rioht-of-wav or bodv of water.iii. Areas within the buildinq that are used for the place of assemblv shall not open
up directlv to the outdoors. There shall be at least two sets of doors between the
areas used as a place of assemblv and the outside walls of the buildinq.iiv. The propertv containinq the place of assemblv shall be manaqed and operated
bv the owner of the Saxonv Hotel.
(b) Within the areas that have an underlvinq zoninq desiqnation of RM-2. the followinq mav
be considered a main permitted use within an existinq or replicated 'Contributinq'
structure:
L Retail.
ii. Office. includinq offices open to the qeneral public.
iii. Restaurants with an aqqreoate occupant load of less than 99 persons.
Restaurants exceedino an aqqreqate occuoant load of 99 persons shall require
conditional use approval.
(q) Within the areas that have an underlvinq zoninq desionation of RM-2. offices are a
permitted accessorv use to a place of assemblv and a parkinq qarage. whether a main
use parkinq qaraqe (commercial or non-commercial) or an accessory parkinq oaraqe.
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rcll Within the areas that have an underlvino zoninq desiqnation of RM-2. there shall not be
anv open air entertainment establishments or outdoor entertainment establishments.
(g) Within the areas that have an underlvinq zoninq desiqnation of RM-3. the maximum
heiqht 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
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. 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. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 20-.
ATTEST:
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
CIry CLERK
City Attorney Date
First Reading: October 22,2014
Second Reading: December _,2014
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
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