| | | | | | | |  | Ordinances - R5 F
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | May 4, 2022 | | | | 5:01 p.m. Second Reading Public Hearing
| | SUBJECT: | EXPANSION OF ART DECO MIMO OVERLAY DISTRICT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE III, ENTITLED "OVERLAY DISTRICTS," DIVISION 12, ENTITLED "ART DECO," TO EXPAND THE BOUNDARIES OF THE OVERLAY AND AMEND THE REQUIREMENTS FOR USES FOR PROPERTIES IN THE OVERLAY DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission adopt the subject Ordinance. |
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| | | | | | | | BACKGROUND/HISTORY
| HISTORY
On December 8, 2021, at the request of Commissioner Alex Fernandez, the City Commission referred the proposal for an Ordinance to the Land Use and Sustainability Committee and Planning Board (C4 X). The sponsor is proposing to expand the Art Deco/MiMo Commercial Character Overlay District to include properties along Washington Avenue and Collins Avenue, from 5th Street to 23rd Street. This expansion would pertain primarily to prohibited uses and uses with a distance separation requirement.
On March 4, 2022, the LUSC recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation.
BACKGROUND
On September 25, 2017, the City Commission adopted Ordinance No. 2017-4137, creating the Art Deco / MiMo Commercial Character Overlay District (the “Overlay”), to limit uses that detract from the historic character of the MXE zoning district in South Beach and the Ocean Terrace/Harding Townsite area in North Beach. On April 13, 2021, as a member of the Planning Board, Commissioner Fernandez submitted a memo to the Planning Board providing recommendations and requesting that the Board discuss potential changes to the Overlay. On June 22, 2021, the Planning Board discussed the item and made several recommendations, including a recommendation that the City Commission expand the boundaries of the Overlay to the western lot line of properties fronting the west side of Washington Avenue, and along Collins Avenue to 23rd Street on the north. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The Art Deco / MiMo Commercial Character Overlay District limits in number or prohibits several nuisance uses within its boundaries in an effort to improve the quality of businesses within its boundaries over time. These include check cashing stores, convenience stores, occult science establishments, package stores, souvenir and t-shirt shops, tattoo studios, grocery stores, and tobacco/vape dealers. As a result of the regulations within the overlay, the potential exists for such establishments to congregate in nearby commercial areas where such regulations do not exist. This potential is particularly high along the Washington Avenue corridor and within the Collins Park neighborhood.
The attached Ordinance expands the boundaries of the Overlay to include properties fronting Washington Avenue, between 5th Street and Dade Boulevard, and properties between 16th Street and 23rd Street to the east of Washington Avenue (see attached map). This expansion applies to prohibited uses and uses with a distance separation requirement.
The Administration is supportive of the proposal as it will reduce the likelihood of uses not permitted within the current boundaries of overlay to oversaturate the adjacent Collins Park and Washington Avenue business district. Moreover, it should further elevate the image of the Collins Park and Washington Avenue areas.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on March 22, 2022, and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 6-0.
UPDATE
On April 6, 2022 the City Commission approved the Ordinance at First Reading, with no changes. Additionally, in accordance with section 118-162(c) of the City Code, the City Commission waived the applicable application fees based upon the legislation implementing best practices in urban planning. |
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| | | | | | | | SUPPORTING SURVEY DATA
| | Enhance Residents Quality of Life |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission adopt the subject Ordinance. |
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| | | | | | | | Applicable Area
| | South Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioners Alex Fernandez and Ricky Arriola |
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