92-2778 Ordinance
ORDINANCE NO.
92-2778
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY:
1. AMENDING SECTION 3, "DEFINITIONS", AMENDING SUBSECTION 3-2,
ENTITLED "TERMS DEFINED" BY ADDING DEFINITIONS FOR "MAJOR
CULTURAL DORMITORY FACILITY", "MAJOR CULTURAL DORMITORY
FACILITY UNIT" AND "MAJOR CULTURAL INSTITUTION";
2. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS", AMENDING
SUBSECTION 6-8 , ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY" BY
ADDING MAJOR CUL TURAL DORMITOR Y FACILITIES AS A CONDITIONAL USE;
3. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS", AMENDING
SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT",
BY ADDING MAJOR CULTURAL DORMITORY FACILITIES AS A CONDITIONAL
USE;
4. AMENDING SECTION 7, "PARKING REGULATIONS", AMENDING SUBSECTION
7-2, ENTITLED "OFF -STREET PARKING REQUIRED" BY ADDING REGULATIONS
FOR MAJOR CULTURAL DORMITORY FACILITIES;
5. ADDING SECTION lOA, "MAJOR CULTURAL DORMITORY FACILITIES", A NEW
SECTION WHICH PRESCRIBES MANDATORY REQUIREMENTS AND REVIEW
CRITERIA FOR SUCH FACILITIES; AND
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Major Cultural Institutions playa significant role in providing performing
and visual arts to the general public of a community; and
WHEREAS, the City of Miami Beach is desirous of maintaining and attracting such
institutions within it's boundaries; and
WHEREAS, Major Cultural Institutions have a unique need to provide affordable
housing to it's members in a dormitory setting; and
WHEREAS, by requiring the Conditional Use Permit procedure for said use to meet
mandatory requirements and review criteria, the City will ensure quality development.
NOW, THEREFORE BE IT RESOLVED, that the Zoning Ordinance of the City of
Miami Beach be amended as set forth, herein:
Underline = new language
Strike O\lt = deleted language
SECTION 1. That Subsection 3-2, entitled "Terms Defined" of Section 3, entitled "Definitions"
of Zoning Ordinance No. 89-2665 is hereby amended as follows:
3-2 TERMS DEFINED
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Ma lor Cultural Dormitory Facility: A building which is occupied bv members. and their
authorized guests. of a sponsoring Ma ior Cultural Institution with all residents
occupving Ma ior Cultural Dormitory Facility Units and where ingress or egress may be
through a common lobby or office that is supervised at all times for security purposes.
Ma ior Cultural Dormitorv Facilitv Unit: A room. or group of rooms with one main
entrance with ingress or egress through a common lobby or office. occupied or intended
to be occupied by members. and their authorized guests. of a sponsoring Ma ior Cultural
Facility: not leased or subleased to the general public and without cooking facilities.
Maior Cultural Institution: An institution that meets the mandatory requirements as set
forth in Subsection IOA-2 of this Ordinance.
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SECTION 2. That Subsection 6-8, entitled "CD-3 Commercial, High Intensity" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance No. 89-2665 is hereby amended
as follows:
6-8 CD-3 COMMERCIAL, HIGH INTENSITY. 28
A. Purpose and Uses
1. Diatrid PUlpOIIe 2. Main Pennitted Uses 3. Conditional Uses .. Accessory U_
This district is designed to Commercial Uses; Apartments; Adult Living Congregate See Section 6-21.
accommodate a highly Apartment/Hotels; Hotels. Facilities; Nursing Homes;
concentrated business core in Oceanfront properties shall not religious Institution; public
which activities serving the be permitted to have retail and private Institutions;
entire City are located. and/ or office areas unless the School; "Maior Cultural
entire Building is rehabilitated Dormitory Facilities as
according to the South Florida specified in Section lOA-2,"
Building Code, the Miami
Beach Property Maintenance
Standards, and Fire Prevention
and Safety Codes and if it is a
Historic Structure the U.S.
Secretary of the Interior
Standards for Rehabilitation
and Guidelines for
Rehabilitating Historic
Structures. Offices are
prohibited on the ground floor
on that portion of Lincoln Road
which is closed to traffic. Uses
that serve Alcoholic Beverages
as listed in Section 12 (Alcoholic
Beverages) .
SECTION 3. That Subsection 6-16, entitled "MXE Mixed Use Entertainment District" of
Section 6, entitled "Scheduled of District Regulations of Zoning Ordinance No. 89-2665 is
hereby amended as follows:
6-16 MXE MIXED USE ENTERTAINMENT DISTRICT.
A. Purpose and Uses
1. Diatrid PUlpOIIe 2. Main Pennitted Uses 3. Conditional Uses .. Accessory U_
These regulations are designed to Apartments; Apartment-Hotels; ~ "Maior Cultural See Section 6-21.
encourage the substantial restora- Hotels; Commercial Development as Dormitory Facilities as
tion of existing Structures and specified in Section 6-l6,C. Uses specified in Section lOA-
allow for new construction. that serve Alcoholic Beverages as ~
listed in Section 12 (Alcoholic
Beverages).
SECTION 4. That Subsection 7-2, entitled "Off-street Parking Required" of Section 7, entitled "Parking
Regulations" of Zoning Ordinance No. 89-2665 is hereby amended as follows:
7-2 OFF-STREET PARKING REQUIRED
Except as otherwise provided in this Ordinance, when any Building or Structure is erected or
altered, accessory Off-Street Parking Spaces shall be provided for the Building, Structure or
additional Floor Area as follows:
A. Parking District No. I -
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28.1 Maior Cultural Dormitorv Facilitv - One (J) space per Unit.
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SECTION 5. Adding a new Section to Zoning Ordinance No. 89-2665, entitled "Section lOA - Major
Cultural Dormitory Facilities" to read as follows:
lOA-I. PURPOSE
A. The purpose of this section is to provide Mandatory ReQuirements and review
criteria to be used in reviewing reQuests for a Conditional Use Permit for Ma ior
Cultural Dormitory Facilities (MCDF).
lOA-2. MANDA TORY REOUIREMENTS
A. A Ma ior Cultural Dormitory Facility must be sponsored by and operated for use by
a Ma ior Cultural Institution that meets the following Mandatory Reauirements:
1... For the purposes of this Section. a Ma ior Cultural Institution shall be one
that engages in the performing arts (including. but not limited to. music.
dance and theater) or visual arts (including. but not limited to. painting.
sculpture. and photography) and serves the general public.
2. The Institution shall be designated by the Internal Revenue Service as tax
exemot oursuant to Section 50I(c)(3) or (4) of the Internal Revenue Code.
1. The Institution shall be a not-for-profit corooration established oursuant to
Chaoter 617. Florida Statutes.
4. The Institution shall have an established Florida Coroorate Charter for at
least three Years.
5. The Institution shall provide evidence of an operating budget of at least
$2.000.000 for each of the previous two years and for the next oroiected
fiscal year.
6. The Institution shall demonstrate the need for a dormitory facilitv and why
there is a need for it to be located in the City of Miami Beach.
L. The Institution shall demonstrate its audience support and recognition in
Miami Beach. through awards. subscription and/or membership.
B. In addition to the soonsoring Institution meeting all of the above reQuirements. the
MCDF shall be subiect to the following additional Mandatory ReQuirements:
1... Facilities shall not be located in the Ocean Drive/Collins Avenue Historic
District or in the ground floor of prooerties located on that oortion of
Lincoln Road which is closed to vehicular traffic.
2. The design of the dormitory facility shall be reviewed under the Design
Review orocess pursuant to Section 18-2.
3. The dormitory facility shall conform with the South Florida Building Code.
Fire Prevention and Safety Code. and with the Miami Beach Prooerty
Maintenance Standards. If it is a Historic Structure. it shall also conform
with the Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Structures. U.S. Deoartment of the
Interior (revised 1983) and as amended.
4. The dormitory facility shall be for the sole use and en iovment of Ma ior
Cultural Institution members and their authorized guests and shall not be
leased or subleased to the general public.
~ No Accessory Use of a commercial nature shall be oermitted in the dormitory
building.
6. The dormitory facility shall have no less than one common kitchen facility.
Dormitory units shall be oermitted to have a five (5) cubic ft. refrigerator
and a microwave oven.
L. Dormitory units shall have a minimum size of 200 SQ.ft. for the first two
occupants and an average size of no less than 240 sa.ft.
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~ The dormitory facility shall have personnel situated at the front desk at all
times for security purposes.
9. The dormitory facility shall have a fully operational sprinkler system.
ill The MCDF shall only be operated by the Ma ior Cultural Institution initiallY
approved to operate the facility: the MCDF Conditional Use Permit shall not
be transferable except upon a new application. public hearing and aooroval
bv the Planning Board.
lOA-3. REVIEW CRITERIA
A.. Ma ior Cultural Dormitory Facilities should be in substantial compliance with the
following review criteria as determined by the Planning Board:
L. Smaller scale dormitory facilities (100 units or less) are encouraged in order
to provide a non-institutional environment.
2. Dormitory facilities should be within walking distance (2.500 ft. or less)
from the Ma ior Cultural Institution it serves.
1. In order to encourage geographic d istri bu tion. dormitory facilities should not
be located within 1.000 feet from each other.
4. The location of the MCDF should be consistent with the City's
Comprehensive Plan and all other adopted neighborhood plans.
SECTION 6. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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 appropria te word.
SECTION 7. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the
same are herewith repealed.
SECTION 8. SEV ERABILlTY. If any section, subsection, cIa use or provision of this Ordinance is held
invalid, the remainder shall not be affected by such invalidity.
SECTION 9. EFFECTIVE DATE. T)'lis Ordinance shall take effect on the 28th
March / , 1992.
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PASSED and ADOPTED this i th
1992.
day of
ATTEST:
-/... ~.
/' "~ '~
oJ; CLERK
DJG:jm
First Reading: 3/5/92
Second Reading 3/18/92
c:\ WP~OR'MbAPPROVED
LEGAL DEPT.
By
Date
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CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITV MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. ~ 1.
DATE:
MARCH 18, 1992
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Carla Bernabei TalarlC~
City Manager
TO:
SUBJECT:
PROPOSED AMENDMENT TO ZONING ORDINANCE 89-2665 -
CREATION OF MAJOR CULTURAL DORMITORY FACILITIES
(MCDF) AS A CONDITIONAL USE - SECOND READING
THE REOUEST
The City Administration, through the Planning and Zoning Department, is requesting.
consideration of an amendment to the Zoning Ordinance that would permit
Major Cultural Dormitory Facilities as a conditional use in the City of Miami Beach. Such a
conditional use would be allowed in the CD-3 Commercial High Intensity District and in the
MXE Mixed Use Entertainment District with certain restrictions as prescribed for in the
proposed amendment. Section lOA of the Ordinance is proposed to provide mandatory
requirements and review criteria to be used in reviewing requests for conditional use permits
for Major Cultural Dormitory Facilities. In order for such a dormitory facility to be created,
it must be sponsored and operated for use by a Major Cultural Institution that meets the
additional Mandatory Requirements as set forth in the proposed ordinance.
BACKGROUND
The Planning and Zoning Department staff have been meeting with representatives of the New
World Symphony, an organization which has been established now for some time in the City
of Miami Beach. These representatives, including David Philips, Carter McDowell, Juan
Lezcano, Alina Dennis and others, came to the Department seeking a means by which dormitory
facilities could be provided for it's musicians. In so doing, the New World Symphony musicians
might be able to live in relatively close proximity to the Lincoln Theater and in housing that
is both affordable and appropriate to their stature as professionals. Among the concerns to be
resolved were: 1) the ability to rehabilitate a building and to have units that are smaller in
size, on average, than hotel or apartment units; 2) to have common kitchen facilities provided
on one or more floors of such a facility; and, 3) to be licensed as a dormitory so that it can
indeed function for this sole purpose.
In response to this specific need, the Planning and Zoning Department saw the potential for
a more broad-based amendment to the Ordinance that would not only help the New World
Symphony and it's performing artists, but could also provide a distinct housing alternative to
the other major cultural institutions that have already become established or may choose to
establish in Miami Beach. The Ordinance has been carefully crafted to ensure that the
mandatory requirements fully describe what a Major Cultural Dormitory Facility shall be and
also the prerequisite requirements of the cultural institution it would serve. It is believed that
these regulations will indeed foster quality dormitory facilities to be constructed in our
community.
On January 28, 1992, the Planning Board voted 6-0 in favor of recommending approval to the
City Commission on this amendment to the Ordinance.
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AGENDA
ITEM
.R..Y..
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DATE
PROPOSAL SUMMARY
The amendment to the Ordinance is fairly self-explanatory, but it is worthy to note some key
points. In Section I, under Terms Defined, we are providing for new definitions of Major
Cultural Dormitory Facility, Major Cultural Dormitory Facility Unit, and Major Cultural
Institution. All such definitions are. necessary to clarify what these terms entail. Under
Sections 2 and 3, this use is listed as a Conditional Use in the CD-3, Commercial High Intensity
District and the MXE, Mixed Use Entertainment District. Under Section 4, the Off-street
Parkins required for a Major Cultural Dormitory Facility is established at one (1) space per
unit. Under Section 5, the wordins for the newly proposed Section lOA of the Ordinance is
proposed including: I) the purpose; 2) the mandatory requirements; and, 3) the review criteria.
Under the Mandatory Requirements Sub-section, it is first stated that a Major Cultural
Dormitory Facility must be sponsored by and operated for use by a Major Cultural Institution
that meets certain Mandatory Requirements. A Major Cultural Institution is defined in terms
of: the types of art it engages in; it's Internal Revenue Service status as tax exempt; it's
establishment as a Not-for profit pursuant to Chapter 617 of the Florida Statutes; it's
establishment as an Institution under the Florida Corporation Charter for at least three (3)
years; and, as an Institution that provides proper evidence of an operating budget of at least
2 million dollars for each of the previous two years and for the next projected fiscal year.
Additionally, the institution must demonstrate the need for a dormitory facility and why it is
important to be located on Miami Beach. The institution must also demonstrate it's audience
support and recognition in this community.
Once the Institution has met these prerequisite requirements, the Major Cultural Dormitory
Facility must also meet the' additional Mandatory Requirements including: I) not beinslocated
in the Ocean Drive Collins A venue Historic District or in the ground floor of properties located
on that portion of Lincoln Road closed to traffic; 2) the design of the facility shall be reviewed
under the design review process; 3) the facilities shall conform with all codes and, if historic,
shall also conform to the Secretary of Interior Standards for Rehabilitation; 4) the dormitory
facilities shall be for the sole use and enjoyment of the Major Cultural Institution members and
their authorized guests; 5) no accessory use of a commercial nature shall be permitted in the
dormitory facility; 6) the dormitory facility shall have no less than one common kitchen
facility; however, each dormitory unit shall be permitted to have a 5 cubic foot refrigerator
and a microwave oven; 7) dormitory units shall have a minimum size of 200 sq.ft. for the first
two occupants and an average size of no less than 240 sq.ft.; 8) the dormitory facilities shall
have personnel situated at the front desk for security purposes; 9) the dormitory facility shall
have a fully operated sprinkler system; 10) the facility shall only be operated by the Major
Cultural Institution initially approved to operate the facility. The MCDF conditional use
permit shall not be transferable except upon a new application, public hearing and approval
by the Planning Board.
Under the review criteria, the Planning Board would be required to determine substantial
compliance with the following:
I. Smaller scale dormitory facilities (100 units or less) are encouraged to provide
a non-institutional environment;
2. Dormitory facilities should be within walking distance (2,500 ft. or less) from
the Major Cultural Institution it serves;
3. In order to encourage geographic distribution, such facilities shall not be located
within 1,000 feet from each other; and,
4. The location of a MCDF should be consistent with the City's Comprehensive
Plan and all other adopted neighborhood plans.
ADMINISTRA TION RECOMMENDATION
Based on the foregoing, the Administration believes that this amendment will be beneficial to
the City of Miami Beach in encouraging Major Cultural Institutions to locate here as a base of
operation and that they will be allowed to have suitable and adequate housing facilities for
their respective memberships.
In view of the' above findings and the Planning Board's affirmative recommendation, the
Administration recommends that the City Commission approve this amendment to Zoning
Ordinance 89-2665.
CBT:DJG:jm
Attachment
commisn\34mcdj.92
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