20170208 AM3MIAMI BEACH
City Commission Meeting
ADDENDUM MATERIAL 3 (21712017)
Gity Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
February 8,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com m issioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vlsrt 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 lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
C4 - Commission Gommittee Assiqnments
C4 O REFERRAL TO THE LAND USE & DEVELOPMENT COMMITTEE OF TWO PROPOSED
ORDINANCES PERTAINING TO OCEAN TERRACE ZONING MODIFICATIONS: 1) PARKING
DISTRICT NO. 4: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130, 'OFF-STREET PARKING,'
ARTICLE ll 'DISTRICTS; REQUIREMENTS", TO ALLOW OFF-STREET PARKING TO BE
PROVIDED IN PARKING DISTRICT NO.4 FOR USES THAT DO NOT HAVE REQUIRED PARKING
AND FOR SUCH PROVIDED PARKING TO NOT COUNT TOWARDS THE CALCULATION OF THE
FLOOR AREA RATIO; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;AND AN
EFFECTIVE DATE;AND 2) OCEAN TERRACE OVERLAY:AN ORDINANCE OF THE MAYORAND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITYOF MIAMI BEACH, BYAMENDING
CHAPTER 142,"ZONING DISTRICTS AND REGULATIONS,'' ARTICLE III ''OVERLAY DISTRICTS',
DIVISION 11 'OCEAN TERRACE OVERLAY" TO ALLOW EXTERIOR UNENCLOSED PRIVATE
BALCONIES FOR BUILDINGS SITUATED ON PROPERTIES WITH AN UNDERLYING
DES|GNAT|ON OF MXE TO ENCROACH TEN (10) FEET |NTO THE FRONT YARD SETBACK;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;AND AN EFFECTIVE DATE.
Vice-Mayor Joy Malakoff
Addendum added on 21712017
1
Addendum 3, February 8,2017
R9 - New Business and Gommission Requests
R9 T DISCUSSION ON FILM INDUSTRY INCENTIVES.
Mayor Philip Levine
Addendum added on 21712017
2
AAIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: REFERRAL TO THE LAND USE & DEVELOPMENT COMMITTEE OF
TWO PROPOSED ORDINANCES PERTAINING TO OCEAN TERRACE ZONING
MODIFICATIONS: 1) PARKING DISTRICT NO. 4: AN ORDINANCE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CMPTER 130, "OFF.STREET
PARKING,' ARTICLE ll "DISTRICTS; REQUIREMENTS", TO ALLOW OFF-
STREET PARKING TO BE PROVIDED IN PARKING DISTRICT NO.4 FOR USES
THAT DO NOT HAVE REQUIRED PARKING AND FOR SUCH PROVIDED
PARKING TO NOT COUNT TOWARDS THE CALCULATION OF THE FLOOR
AREA RATIO; PROVIDING FOR REPEALER; SEVERABILITY CODIFICATION;
AND AN EFFECTIVE DATE. 2) OCEAN TERRACE OVERLAY AN ORDIMNCE
OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF THE CITYOF MIAMI BEACH, BYAMENDING CHAPTER142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE III 'OVERLAY DISTRICTS",
DIVISION 11 "OCEAN TERRACE OVERLAY" TO ALLOW EXTERIOR
UNENCLOSED PRIVATE BALCONIES FOR BUILDINGS SITUATED ON
PROPERTIES WITH AN UNDERLYING DESIGNATION OF MXE TO ENCROACH
TEN (10) FEET INTO THE FRONT YARD SETBACK; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ANALYSIS
Please place on the Consent Agenda, two proposed Ordinances to modify the Land
Development Regulations (LDRs) for the Ocean Tenace Overlay.
One of the Ordinances allows any developer of a project in Parking District No. 4 to provide
parking for uses that normally would not require parking, such as retail for example, without that
provided parking counting against FloorArea Ration (FAR). This is the same as what was done
for the Washington Avenue Overlay District.
The second Ordinance changes the allowable encroachment of a balcony at the tower level into
the front yard from 8' to '10', for those buildings with an underlying designation of MXE.
Gommission Committee Assignments - C4 O
COMMISS ION ME ]'/ORAN DU M
Honorable Mayor and Members of the City Commission
Mce-Mayor Joy Malakoff
February 8,2017
Page241 of 898
3
Copies of the two proposed Ordinances are attached hereto.
I apologize for the late request, but I wanted to hear back from the Planning Department first.
Legislative Tracking
Vice-MayorJoy Malakoff
ATTACHMENTS:
Description
n Parking District 4 - Proposed Ordinance
o Ocean Terrace Overlay Balcony Encroachnent Proposed Ordinance
Page242 of 898
4
PARKING DISTRICT NO.4
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 MIAM! BEACH, BY
AMENDING CHAPTER 130, *OFF-STREET PARKING," ARTICLE II*DISTRICTS; REQUIREMENTS", TO ALLOW OFF-STREET PARKING TO BE
PROVIDED IN PARKING DISTRICT NO.4 FOR USES THAT DO NOT HAVE
REQUIRED PARKING AND FOR SUCH PROVIDED PARKING TO NOT
COUNT TOWARDS THE CALCULATION OF THE FLOOR AREA RATIO;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, there is generally a shortage of available parking spaces in the North Beach
area of the City; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the North Beach area; and
WHEREAS, Parking District No. 4 is the parking district that covers most of North
Beach; and
WHEREAS, the City of Miami Beach desires to allow new construction to provide
parking for uses that do not have required parking in Parking District No. 4 without penalizing
the builder of the parking spaces by allowing said parking spaces to not count towards the
calculation of the floor area ratio; and
WHEREAS, additional provided parking in the North Beach area will improve the overall
economic viability of the North Beach area; 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 130, Article ll entitled "Districts; Requirements", is hereby amended
as follows:
Sec. 130-33. - Off-street parkinq requirements for parkinq districts nos.2. 3.4. 5. 6. and 7.
(a) The development regulations in the TC-1, TC-2 and TC-3 town center districts are as
follows:
{4048391s;l}Page 243 of 898
5
Except as othenalse provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3, 4 and 5 accessory off-street
parking spaces shall be provided for the building, structure or additional floor area as follows.
There shall be no off-street parking requirement for uses in this parking district except for those
listed below:
(8) Anv buildinq or structure erected in parkino district no. 4 mav provide parkino on
site for anv use not listed in subsection 1 - 7 above at the rates specified in
parkinq district no. 1. Such parkinq. if provided. shall be exempt from FAR. in
accordance with the requlations specified in chapter 114 of these land
develooment reoulations. but it shall not be considered required parkino.
SEGTION 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 20'16.
ATTEST:
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
CITY CLERK
Eve Boutsis, City Attorney
First Reading:
Second Reading:
{40483915;l}Page244 of B9B
Date
6
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
Strike*reugMenotes removed lang uage
(a0a839ls;l )Page 245 of 898
7
OCEAN TERRACE OVERLAY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry GOMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHI\PTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE III "OVERLAY DISTRIGTS', DIVISION 11 "OCEAN TERRACE
OVERLAY", TO ALLOW EXTERIOR UNENCLOSED PRIVATE BALCONIES
FOR BUILDINGS SITUATED ON PROPERTIES WITH AN UNDERLYING
DESTGNATTON OF MXE TO ENCROACH TEN (10) FEET INTO THE FRONT
YARD SETBACK; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the North Beach area; and
WHEREAS, consumer preferences in Miami Beach, especially for properties near the
ocean, are to have large exterior balconies; and
WHEREAS, the City of Miami Beach desires to allow new construction to meet the
consumer preferences for large exterior balconies as long as the balconies meet other
performance criteria provided in the land development regulations; 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, Division 11 entitled "Ocean Terrace Overlay", is
hereby amended as follows:
Sec. 142-870.1. - Compliance with requlations.
(b) Allowable encroachments and projections, consistent with Section 142-1132(o), within
required yards.
(1) Exterior unenclosed private balconies and pool decks.
a. For buildings situated on properties with an underlying designation
of CD-2, allowable encroachment is 7.5 feet into any required yard.
{a0a83919;l}Page 246 of 898
8
b. For buildings situated on properties with an underlying designation
of MXE:
1. Allowable front yard encroachments are:
i. Twelve feet for the Pedestal, and
ii. Ten (10) Eigh+{8) feet for the tower.
SEGTION 2. CODIFICATION.
tt is tne 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
SECTION 4. SEVERABILIW.
and the same are hereby repealed.
lf any section, subsection, clause or provision of this Ordinance
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
is held invalid, the remainder
PASSED and ADOPTED this day of 2017.
ATTEST:
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
CITY CLERK
Eve Boutsis, City Attorney Date
First Reading:
Second Reading:
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+it<e*resgh{en otes removed la n g uage
[a0a83919;l ]Page 247 of 898
9
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New Business and Commission Reouests - R9 T
AAIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Mayor Philip Levine
DATE: February 8,2017
SUBJECT: DISCUSSION ON FILM INDUSTRY INCENTIVES.
ANALYSIS
Recent media reports indicate that the film industry in Florida is in serious danger due to the lack
of State incentives, as compared to other states and Canada. The City may want to consider
wl'rether there are any steps or measures that could be taken to keep Miami Beach competitive
as a film location.
I request that Staff provide a report.
Leoislative Trackinq
Mayor Philip Levine
Page 872 of 898
11
,itr,,,i\ | /"ri,l,,r', i B EAC H
C:ty of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33,)39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of fie City
Jimmy L. Morales, City Manager
February 8,2017
DISCUSSION OF FILM INDUSTRY T{CENTIVES
This memo is in response to the request for a discussion item on recent media reports
about the current state of film incentives and how to keep Miami Beach competitive as a
film location. For over 50 years, Florida, and Miami Beach in particular, achieved
recognition as a major film and television production destination. ln the 1960's, the
Jackie Gleason Show broadcast in front of the "greatest audience in the world" in Miami
Beach to millions of viewers weekly on CBS while Frank Sinatra, Jerry Lewis and James
Bond made Miami Beach hotels into icons and international fixtures on movie screens.
ln the 1980's Miami Vlce revolutionized television on NBC, giving South Beach its
revitalized look and feel, while Scarface made Ocean Drive an iconic film location. The
1990's brought major movie stars to film in Miami Beach, including Jim Carrey, George
Clooney, Cameron Diaz, Martin Lawrence, Jennifer Lopez, Jack Nicholson, Al Pacino,
Michelle Pfeiffer, Robert Redford, Arnold Schwarzenegger, Will Smith, Sylvester
Stallone and Robin Williams. At the time, both Hollywood Reporter and Variety devoted
special issues to the area, naming Miami and Miami Beach "Hollywood East," with the
area the third most used filming locale in the United States, after Los Angeles and New
York.
At the beginning of this century, states including Louisiana and New Mexico began
offering tax-based incentives that mirrored successful national programs in Canada,
Australia and Europe. Their success in luring productions from the historic production
centers lead to a proliferation of programs throughout the United States, with 44 states
offering film incentive programs by 2009. Florida began its incentive program in 2003
under Governor Jeb Bush with a modest pilot program that lured the Jason Statham
starring French production Transporter 2. Under Governor Charlie Crist, the program
advanced in funding each year, climbing to a $20 M appropriation in 2007, and helping
lure major film and television projects, including the Vanessa Williams starring CBS
series Soufh Beach and Burn Notice, which would go on to launch USA Network's
original programming slate, attracting nearly 7 Million viewers a week over seven
seasons. Following the recession, Film Florida, the state's entertainment trade
association, which helped build and lobby for the incentive program since its inception,
worked with Governor Crist and the Florida Legislature to pass the Florida Film and
Entertainment lndustry Tax lncentive Program in 2010, converting the appropriation to a
long-term tax credit base and allocating $296 Million over five years to attract film,
television and digital media productions. The incentive was a runaway success, bringing
major film and television projects, including Magic City (Starz), Bloodline (Netflix), Ballers
(HBO), Pain & Gain (Paramount), Rock of Ages (New Line), Step Up Revolution (Lion's
Gate), and portions of lron Man 3 (Marvel), at the time the fastest film to reach $1B at
the global box office. lt also serviced digital media/ video game projects and telenovelas,
FROM:
DATE:
SUBJECT:
12
Commission Memorandum
F il m I ndustry I ncentives Discusslon
February 8, 2017
Page 2 of 3
allowing Telemundo and Venevision to substantially invest in and expand their Miami-
Dade operations, helping Telemundo to overtake Univision in key demographic ratings.
The Florida Film and Entertainment lndustry Tax lncentive Program was a performance-
based program that rebated only on Florida expenditures and hires only after spending
and an audit occurred. The program brought in over $1.25 Billion in qualified Florida
expenditures, created 117,111 jobs for over $740 Million in Florida wages and provided
over 210,000 hotel room nights. The incentive produced a range of Return on
lnvestment estimates, from 5.6 to 1 when looking solely at the program; 15 to 1 when
factoring in its impact on Florida Gross Regional Product; and 20 to 1 when factoring in
its impact on Florida Tourism, per a study of the MPAA and Visit Florida, which found
22.7o/o of leisure visitors and 19.5o/o of all visitors polled chose to come to Florida
because of a film or television production filmed in the state. The Southeastern region of
Florida, including Miami and Miami Beach, accounted for over 60% of incentivized
productions during the program's run. Comparing permit figures before (2009) and after
(2013) implementation of the incentive program, Miami Beach saw a 83.8% jump in film
permits issued permits and 403.3% jump in production revenue reported in Miami
Beach, with a record $127,782,612 spent in Miami Beach in2013 and a record 28,901
room nights in Miami Beach in 2012. ln 2016, the final year of any incentivized
productions, those figures are down to $71,869,023 (-44o/o) spent and 18,681 (-36%)
room nights used in Miami Beach.
The incentive program was so successful that it ran out of issuable tax credits in a little
over 3 years instead of the five years allocated, but continued to serve productions
through Bloodline, which wraps up this March. Film Florida and the City of Miami Beach
pushed an extension and funding renewal of the incentive program the past four years to
no avail under Governor Rick Scott. Last year, with tremendous opposition from the
Koch Brothers' sponsored Americans for Prosperity organization, which opposes all
incentive funding, a request to merely extend the program and not add funding was
rejected, allowing the incentive to sunset on June 30,2016. Since then, we have lost
Ballers to Los Angels' aggressive relocation incentive, Bloodline was compelled to finish
its run in three seasons instead of the intended five, and we only hosted small portions
of films Baywatch and War Dogs, when the producers intended to bring more to Florida.
Those projects, like many we have tracked, were lost to Georgia, Louisiana, Los
Angeles or New York, which all feature very aggressive and sustainable programs.
Florida, once the third most prolific filming destination in the U.S. is now nowhere near
the top 20, even while we celebrate the awards season success of Moonlighf, made by
Florida natives and alumni in Miami and Miami Beach in October, 2015, on a modest
budget and without incentive support. The Florida House leadership for the next four
years (Richard Corcoran of Land o' Lakes followed by Jose Oliva of Miami Lakes)
follows the AFP model of incentive opposition, promising not to allow any incentive bills
to clear the House floor. As a result, the nearly six decades of investment and
development in this high-wage, green, self-marketing industry has been truly decimated,
with the vast majority of cast, crew and infrastructure business relocated to Georgia and
elsewhere.
The Department of Tourism, Culture and Economic Development has been at the heart
of this process, with the City's Film and Event Production Manager serving as President
of Film Florida when the incentive passed in 2010. The City additionally markets the
destination, along with Film Florida and the Greater Miami Convention and Visitors
13
Commission Memorandum
F il m I nd ustry I nce ntives Drscusslon
February 8, 2017
Page 3 of 3
Bureau, at annual industry trade shows and festivals, supporting content and content
creators from Miami Beach, in hopes of luring them back to film here. This was the
model that helped bring Moonlight lo film in Miami Beach. Additionally, along with the
Miami Beach Production lndustry Council, TCED has looked towards creating local
incentive opportunities, inclusive of potential Miami Beach Visitor and Convention
Authority and Miami Beach Cultural Arts Council grants, as well as low-cost or free
options on parking and City facilities and easing permit restrictions, in an effort to attract
and retain film productions in Miami Beach. TCED is evaluating local Florida incentive
programs based on municipal general revenue or tourist development taxes in Sarasota,
Tampa Bay and Jacksonville, with the intent to propose a similar Miami Beach local
incentive, that would dovetail any future State or Miami-Dade County incentive
programs, to further market the destination as film-friendly and economically viable. A
comparison of these programs is attached.
JLM/KGB/ESAA///gw
T:\AGENDA\2017V - F ebruary\TCED\Film lncentive Discussion Memo.docx
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