R5P-MXE Setbacks -Grieco-Malakoff-COMMISSION ITEM SUMMARY
Condensed Title:
FirstReadingtoconsideranordinancethatestablishesseparate,reauc@
commercial buildings that do not contain any hotel or residential units within the MXE (Mixed Use
Entertainment) District
lncrease satisfaction with neighborhood character. lncrease satistaction wrtn Oevetopment aM
Supporting Data (Surveys, Environmentat Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth by the City to
Item Summary/Recommendation :
FIRST READING
The subject Ordinance would allow for more appropriate, context sensitive retail development, byreducing the front and side facing the street setback requirements for a purely retail development ot
2-stories or less, to five (5) feet.
The Land Use and Development Committee discussed the proposed Ordinance on September 3,
2014, and recommended approval of the Ordinance as proposed.
The Ordinance was approved at First Reading on October 22, 2014. At Second Reading on
November 19,2014, the item did not move forward due to the lack of a second to a motion to applove.
On March 11,2015, at the request of Commissioners Michael Grieco and Joy Malakoff, tnb City
Commission agreed to have the matter placed on the April 15, 2015 Commission agenda, for a new
First Reading.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Reading and schedule a second Reading public Hearinq for Mav 6.201s.
Board Recommendation:
Financial lnformation :
onSeptember23,2014,thePlanningBoard(voteof5-1),tri
City Commission with a favorable recommendation. (Planning Board File No. 2211).
Source of
Funds:
Amount Account
1
2
3
OBPI Tota!
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
NDA\201S\April\MXE Setbacks - First Reading SUM.docx
MIAMIBEACH AGENOA ITEiT RSP
463
MIAMIBEACH
City of Miomi Beoch, '1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: April 15, 2015
SUBJECT: MXE Setback Regulations
the City
FIRST READ!NG
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CIry OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS (LDRs) OF THE ctTY CODE,
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, ..DISTRICT REGULATIONS"" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRICT," AT SECTION {42.547, "SETBACK REQUIREMENTS," By AMENDING THE
SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL
BUILDINGS THAT DO NOT CONTAIN ANY HOTEL OR
RESIDENTIAL UNITS; PROVIDING FOR COD|FICAT|ON;
REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for May 6,2015.
BACKGROUND
On July 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred an amendment to the Land Development Regulations in the MXE Zoning
District, as they apply to non-hotel uses, to the Land Use and Development Committee
and the Planning Board (item C4N). The Land Use and Development Committee
discussed the proposed Ordinance on September 3,2014, and recommended approval
of the Ordinance as proposed.
The Ordinance was approved at First Reading on October 22,2014. At Second Reading
on November 19, 2014, the item did not move forward due to the lack of a second to a
motion to approve.
On March 11, 2015, at the request of Commissioners Michael Grieco and Joy Malakoff,
the City Commission agreed to have the matter placed on the April 15, 2015
464
Commission Memorandum
Ordinance Amendment - MXE Setback Regulations
April 15, 201 5 page 2 of 2
Commission agenda, for a new First Reading. The Commission also requested that the
Historic Preservation Board review the Ordinance prior to April 15, 2015, in order to
provide input.
ANALYSIS
The setback regulations in the MXE zoning district were created based upon the historic
pattern of typical hotel development along Collins Avenue. Elevated front porches along
the front elevations, with open courtyards along the street side elevations, characterize
such historic fabric. The MXE district provides requirements as to the depth and length
of such porches as well as the length and square footage of the required courtyard
spaces.
While these regulations have been successful and can readily be accommodated when
applied to larger residential, hotel, or mixed-use developments, they have not been as
effective when applied to smaller, single tenant retail projects. For stand-alone retail
buildings, such requirements create an awkward building typology. For instance, if a
project does not provide the required porch and open space, the required front setback
is 20 feet, which for a retail project, is antitheticalto good urban design.
The proposed Ordinance amendment would allow for more appropriate, context
sensitive retail development, by reducing the front and side facing the street setback
requirements for a purely retail development of 2-stories or less, to five (5) feet. Such a
setback would allow for an expanded sidewalk up to the building line, and the
incorporation of street trees along the street fronts.
PLANNING BOARD REVIEW
On September 23, 2014, the Planning Board (by a 5-1 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISGAL IMPACT
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.
SUMMARY
On April 14, 2015, the Historic Preservation Board is scheduled to discuss the proposed
Ordinance and provide feedback. The Administration will provide a verbal summary of
the Historic Preservation Board recommendations at the April 15,2015 City Commission
meeting.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for May 6, 2015.
,r{kfr^*/MAB/RAM
T: \AeEl DAUO 1 S\Apri IWXE Setbacks - F irst Read in g ME M. docx
465
MXE Setbacks
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY OFMIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDRs) OF THE CITY CODE, GHAPTER i42, ,,ZON!NG
DISTRICTS AND REGULATIONS," ARTTCLE II,..DISTRICT
REGULATIONS"" DIVISION 13, "MXE MIXED USE ENTERTAINMENT
DISTRICT," AT SECTION 142.547, "SETBACK REQUIREMENTS," BY
AMENDING THE SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL BUILDINGS
THAT DO NOT CONTAIN ANY HOTEL OR RESIDENTIAL UNTTS; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTTVE
DATE.
WHEREAS, the City of Miami Beach recognizes the unique character of the Ocean
Drive - Collins Avenue MXE district and the Ocean Terrace MXE district; and
WHEREAS, the MXE district is composed of a mixture of uses, including hotels,
residential, and commercial development; and
WHEREAS, the current setback regulations, including porch and courtyard requirements
are most applicable to hotel, residential, and mixed-use development; and
WHEREAS, the City recognizes that for purely lower scale retail development, different
setback regulations are warranted in order to ensure an active urban design character; and
WHEREAS the Planning Board, at its meeting dated September 23,2014 by a vote of 5-
1 recommended in favor of the Ordinance; 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.
gEC'[OlLL Chapter 142, "Zoning Districts And Regulations," Article lt, "District Regulations",
Division 13,'MXE Mixed Use Entertainment District," section 142-547, "Setback requirements,"
is hereby amended as follows:
Sec. 1 42-547. Setback requirements.
(a) The setback requirements for the MXE mixed use entertainment district are as follows:
(1) Front.
Oceanfront: Pedestal and tower, 50 feet; however, sculptures, fountains or architectural
features when approved by the design review board are permitted in the required front
yard.
Non-oceanfront:
1. Pedestal, ten feet.
b.
466
2. Lots 100 feet in width or greater, 20 feet; for buildings with a ten-foot-deep covered
front porch running substantially the full width of the building front, the front setback
shall be five feet. Furthermore, for lots 100 feet in width or greater_[ha! contqi1-fqle|ql
apartment units, the front setback shall be extended to include at least one courtyard,
open to the sky, with a minimum width of ten feet and a minimum area of three square
feet for every linear foot of lot frontage.
3. Tower, 50 feet.
4. Notwithstandinq the foreqoinq, for a buildinq containino exclusivelv retail uses, not
exceedinq two (2) stories in heiqht, with a lot line on Collins Avenue. the minimum
pedestal setback shall be five (5) feet.
(2) Side, interior.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width.
b. Nonoceanfront:
1. Architectural district, five feet.
2. All other areas:
i. Pedestal, five feet.
ii. Tower, 7.5 feet.
(3) Side, facing a street.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width, plus five feet.
b. Nonoceanfront: Ten percent of the lot width plus five feet, not to exceed 25 feet. However,
lots less than 100 feet in width shall have a minimum setback of five (!) feet.
1. Nonoceanfront structures may comply with these requirements or have the option of
the following:
i. Pedestal, five (!) feet.
ii. Tower, 7.5 feet.
2. Provided that nonoceanfront lots 100 feet or greater in width shall incorporate the
following, which may be waived at the discretion of the historic preservation board,
consistent with the certificate of appropriateness criteria, contained in chapter 118,
article X, for a buildinq containinq exclusively retail uses, not exceedino two (2) stories
in heiqht. with a lot line on Collins Avenue:
i. A ten-foot-deep porch running substantially the full side length of the building,
with a minimum floorto-ceiling height of 12 feet; and
ii. One courtyard, open to the sky, with a minimum of 1,000 square feet and a
minimum average depth of 20 feet. The long edge of the courtyard shall be along
the side property line. The area of the courtyard shall be increased by an
additional 50 square feet for every one foot of building height above 30 feet as
measured from grade.
(4) Rear.
a. Oceanfront: 25 percent of the lot depth or 75 feet minimum from the bulkhead line,
whichever is greater.
b. Nonoceanfront:
1. Architectural district, zero (Q) feet if abutting an alley, otherwise ten feet.
2. All other areas, ten feet.
(b) Existing structures which are being substantially renovated are permitted to retain the existing
setback areas; however, the setback area shall not be reduced. When additional floors are
467
constructed, they shall be permitted to retain the same setbacks as the existing floors. The
provisions of section 118-398 relating to bulk shall not be applicable to the foregoing setback
requirements.
(c) For the setback criteria above that aoplies exclusivelv to retail uses, a restrictive covenant in a form
acceDtable to the city attorney. committinq the propertv to such use, shall be recorded prior to the
issuance of any buildino permit for such retail use.
**
SECT!ON 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same 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
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 201s
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
[Sponsored by Commissioner Grieco]
F:\T_Drive\AGENDA\201S\April\MXE Setbacks - First Reading ORD [3-16-1S].docx
AND FOR EXECUTION
468