2004-3447 Ordinance
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ORDINANCE NO.
2004-3447
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," OF THE CITY CODE;
DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT,"
SECTION 142-542, "CONDITIONAL USES," TO INCLUDE PUBLIC
AND PRIVATE CULTURAL INSTITUTIONS OPEN TO THE PUBLIC
AND BANQUET FACILITIES, AS CONDITIONAL USES IN THIS
ZONING DISTRICT; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the purpose of the Mixed Use Entertainment (MXE) as stated in the
Comprehensive Plan of the City of Miami Beach provides opportunities to enhance the
desirability and quality of existing and/or new mixed use areas which accommodate residential,
hotel and commercial development; and
WHEREAS, the City of Miami Beach wishes to amend certain development regulations
in order to include a new Conditional Use in the MXE district that would permit a public or
private cultural institution such as a museum, or banquet facilities; and
WHEREAS, the amendment set forth below is necessary to accomplish the above
objective.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," of the City Code; Division
13, "MXE Mixed Use Entertainment District," Section 142-542, "Conditional Uses," is hereby
amended as follows:
Section 142-542, "Conditional Uses"
The conditional uses in the MXE mixed use entertainment district are major cultural dormitory
facilities as specified in section 142-1332; public and private cultural institutions open to the
public: banquet facilities: outdoor entertainment establishment; neighborhood impact
establishment; and open air entertainment establishment. For purposes of this section. banquet
facilities shall be defined as an establishment that provides caterinq and entertainment to
private parties on the premises and are not otherwise accessory to another main use.
SECTION 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herewith be and the same are hereby repealed.
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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.
If 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.
PASSED and ADOPTED this 26th day of
,2004.
This Ordinance shall take effect ten days followi
Ub{- ~ ~t.b-
C CLERK
First Reading: 04/14/04
Second Readin : OS/26/04
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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Date
Underscore enotes new language
Strikothrough denotes deleted language
F:\PLAN\$PLB\draft ordinances\1632 - MXE public&private inst as Cond Use PB rev 2 banquet.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach amending the Land
Development Regulations of the City Code Amending Chapter 142, "Zoning Districts And Regulations,"
of the City Code; Division 13, "MXE Mixed Use Entertainment District," Section 142-542, "Conditional
Uses," to include public and private cultural institutions open to the public and banquet facilities, as
conditional uses in this zoning district; Providing for Codification, Repealer, Severability and Effective
Date.
Issue:
The list of permitted or conditional uses in the MXE district currently does not include public and private
cultural institutions open to the public, and banquet facilities. The proposed amendment would add these
uses as a Conditional Use. .
Item Summary/Recommendation:
The proposed ordinance will include public and private cultural institutions open to the public and banquet
facilities. The proposal also includes a definition for banquet facilities.
The Administration recommends that the City Commission adopt the ordinance upon second reading public
hearinQ.
Adviso Board Recommendation:
At the February 24, 2004 meeting of the Planning Board, a motion was made and seconded recommending
that the City Commission approve the proposed ordinance as amended by the Board. The vote was 5-0
(two members absent). The Planning Board also requested that a definition for banquet facilities be part of
the ro osed ordinance.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Richard Lorber I Jorge G. Gomez
Si
Assistant City Manager
City Manager
T:\AGENDA\2004\May2604\Regular\1632 - MXE 2nd rdg sum 5-26-04.doc
AGENDA ITEM
DATE
R~c.
5' -8.0-0C(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~ ~
City Manager 0 ~ 0
Conditional Uses in the MXE zoning district.
Date: May 26, 2004
To:
Second Readina Public Hearina
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," OF THE CITY CODE;
DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT," SECTION
142-542, "CONDITIONAL USES," TO INCLUDE PUBLIC AND PRIVATE
CULTURAL INSTITUTIONS OPEN TO THE PUBLIC AND BANQUET
FACILITIES, AS CONDITIONAL USES IN THIS ZONING DISTRICT;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Commission adopt the ordinance upon second
reading public hearing.
BACKGROUND AND ANALYSIS
The MXE mixed use entertainment district is located along Ocean Drive and Collins
Avenue, from 5th Streetto 16th Street, and also along Ocean Terrace in North Beach. This
zoning district is designed to encourage the substantial restoration of existing structures
and allow for new construction. The main permitted uses in the MXE district are hotels,
multi-family residential, and limited commercial uses. No other uses are currently
permitted.
The City Administration had been approached by the owners of the Gianni Versace
mansion at Ocean Drive and 11 th Street, who were exploring the possibility of converting
the mansion into a house museum. However, this type of use is not specified by the Code
as permitted within the MXE district. An ordinance to amend the permitted uses, to permit
public and private cultural institutions as a conditional use within the MXE district, was
proposed.
At the September 10, 2003 meeting, the City Commission referred the proposed
ordinance, which would permit public and private institutions, to the Planning Board. The
Planning Board reviewed the matter at a public hearing on September 30, 2003 and made
Commission Memorandum
April 14, 2004
Conditional Uses in the MXE zoning district
Page 2
a minor modification to the public and private institutions so that they are "open to the
public." The Board voted 5-0 (2 members absent) to recommend to the City commission
approval of this request.
Subsequently, the owners of the Versace mansion have further investigated the possibility
of opening the house to the public as a museum. Unfortunately, they have concluded that
the unique construction of the home, which features steps, walkways and corridors at many
different levels, is not in compliance with the Americans with Disabilities Act, and the type
of modifications necessary to bring the structure in compliance would compromise the
historical integrity of the home. Therefore, rather than proposing a public institution for the
property, the owners have now decided that the proper use of the facility would be as a
banquet hall. Evidently, there is less of a requirement to retrofit a portion of the building for
this use in order to comply with ADA than there would be as a house museum. Therefore,
the proposed ordinance has been revised to include both banquet halls, and public and
private institutions, as permitted within the MXE zoning district.
Conditional Use Review Procedures
In order to address the possible impacts on the surrounding neighborhood of the banquet
hall use, the proposed Ordinance proposes to make the approval subject to Planning
Board Conditional Use approval. By bringing applications to the Planning Board, specific
conditions can be placed by City staff and the Planning Board, addressing potential
concerns. The list of criteria addressed by the Conditional Use process include noise
abatement, crowd control, sanitation and cleanliness, hours of operation, outdoor activities,
if any, and traffic and parking concerns. Concurrency fees will be charged to applicants as
appropriate, if the proposal involves the intensification of use from the previous use on the
property. Planning Department staff believes that through the Planning Board process,
applications can be reviewed on a case by case basis, and any potential negative impacts
can be addressed in advance.
PLANNING BOARD ACTION
At the February 24, 2004 meeting of the Planning Board, a motion was made and
seconded recommending that the City Commission approve the proposed ordinance with a
minor modification - to include a definition for "banquet facilities." The ordinance has been
amended to reflect the requested change.
CITY COMMISSION ACTION
At the April 14, 2004 meeting, the Commission approved the ordinance on first reading.
FISCAL IMPACT
As proposed, the ordinance will allow stand alone banquet facilities in the MXE zoning
district. The proposal is anticipated to affect only very few, if any, properties. The Casa
Casuarina property is one of the only examples of a property which may utilize this
Commission Memorandum
April 14, 2004
Conditional Uses in the MXE zoning district
Page 3
provision under the City Code. Therefore one can argue that there should be minimal, if
any, adverse fiscal impact to the current condition. However, by allowing an important
historic property to be further utilized by a larger group of the City's visitors and residents, it
should have a positive effect on tourism and hospitality in the City.
CONCLUSION
Pursuant to Section 118-164(2), in all cases in which the proposed amendment changes
the actual list of permitted, conditional or prohibited uses within a zoning category, two
advertised public hearings on the proposed ordinance are required, with at least one
hearing held after 5:00 p.m. on a weekday.
The first public hearing shall be held at least seven days after the day that the first
advertisement is published. The second public hearing shall be held at least ten days after
the first hearing and shall be advertised at least five days prior to the public hearing.
Immediately following the public hearing at the second reading, the City Commission may
adopt the ordinance by an affirmative vote of five-sevenths of all members of the City
Commission.
JMG/CMC/JGG/ML/RGL
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CITY OF MIAMI BEACH lQ
NOTICE OF PUBLIC HEARINGS ._
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City
Commission of the City of Miami Beech, florida, In the Commlsslon Chambers, 3rd floor,
City Hall, 1700 Convention Center Drive, Miami Beach, Flortda, on Wednesday, Mav 21,
2004, to consider the following:
at 10:1& I.m.:
AN ORDINANCE AMENDING THE CITY'S ART IN PUBLIC PLACES LEGISLATION, M.
CODIFIED IN CHAPTER 82, ARTICLE VII, DMSIONS 1 THROUGH 4, SEcnONS 82-501
THROUGH 82-612, OF THE CODE OF THE CITY MIAMI BEACH, FLORIDA; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
Inqulrtea may be directed to Tourtsm & Cultural Development at (305) 673-7577.
lit 11:30 I.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE SEcnON 2-487 ENTITLED
"PROHIBITED CAMPAIGN CONTRIBUTIONS 8Y VENDORS," SUBSECTION A(3) THEREOF
BY DEFINING THE TERM "DISQUALlFlED"PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
Inqulrtes may be directed to the Legal Department at (305)673-7470.
It 5:30 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE
8Y AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," OF THE CITY
CODE; DMSION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT," SEcnON 142-542,
"CONDITIONAL USES," TO INCWDE PUBLIC AND PRIVATIE CULTURAL INSTITUTIONS
OPEN TO THE PUBLIC AND BANQUET FACILITIES, M. CONDITIONAL USES IN THIS
ZONING DISTRICT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND
EFFECTIVE DATIE.
Inqulrtes may be directed to the Planning Department at (305)673-7550.
INTERESTED PARTIES are Invited to appear at this meellng, or ba reprasanted by III
agent, or to express their views In writing addressed to the CIty Commission, c/o the
City Clerk, 1700 Convention Center Drtve, 1 st Floor, CIty Hall, Miami Beach, FlortdI
33139. Copies of these ordinances are available for public InspaclJon durtng normal
business hours In the City Clerk's OffIce, 1700 Convention Center Drive, 1 st Floor, City
Hall, Miami Beach, Flortda 33139. This meeting may be contlnuad and under such
circumstances additional legal noUce would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to 5ectlon 288.0105, Aa. Stat, the CIty h.reby adYI8es th. publiC thet: Wa pel100 decldea
to appeal any decision mada=. CIty Commission with reapect to .ny matt", con8ldared at I1s
m.etlng or I1s h.arlng, .uch must .n8Ufllthet a verbatim record of the proceedings Ie made,
wlllch r.cord Indud.s the t. mony snd .vld.nce upon wllich the appesl Is to be bas.d. This
notice doss not constitute _sent by the CJty for th. Introduction or .dmlsslon of oth.rwlss
inadmlsslbl. or Irrelev.nt evld.nc.. nor do.s h suthorlz. challenges or app.als not oth.rwlse
allowed by law.
To request this material In accessibl. Ionnat, sign languag. Interpreters, Information on accaaa for
persona with dlseblllties, and/or any sccommodatlon to r.vlew any docum.nt or partlcIpat. In any
clty-sponsorsd proceeding, pi.... contact 305-604-2489 (voice), 305-673-7218(TTY) five days In
.dvance to Initiate your request. m users mOl' .Iso call 711 (Aorlda R.lay Servlc.).
Ad 110260
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