The MXE district regulations were developed in the early 1980s, as part of the first master plan for Ocean Drive from 5th to 15th Streets. These regulations were intended to incentivize the replacement of dated apartment regulations with active uses that incentivized hotel uses. In addition to the code regulations adopted, the physical make-up of the street was modified dramatically by introducing wider sidewalks and significantly improving Lummus Park.

These city sponsored changes coincided with the placement of the Miami Beach Architectural District on the National Register of Historic Places in 1979. The placement of the Architectural District on the National Register was significant, because at that time it was the first National Register nomination consisting solely of 20th century architecture. More importantly, the National Register nomination set forth a path leading to local historic designation and the creation of a unique brand for Miami Beach, which is still known worldwide today.

The original intent of the MXE district regulations was to foster the renovation, restoration and preservation of the historic buildings in the district. Café, entertainment, restaurant and retail uses were required to be accessory to hotel or residential uses. Exceptions to this were made for buildings fronting Collins Avenue, as well as buildings that were two (2) stories or less on Ocean Drive. The widening of the sidewalk provided an opportunity for sidewalk seating to engage and interact with seating on private property and become a mechanism for people watching and experiencing the architecture of the district, as well as the natural environment across the street in Lummus Park.

While exceeding expectations, over the past decade Ocean Drive, and the larger MXE district, have experienced increasing challenges associated with alcoholic beverage and entertainment uses, all of which were intended to be subordinate to the main use of residential or hotel. To rediscover the beauty and intent of the National Register Architectural District, a re-focus on district priorities has been recommended. This will entail a multi-prong approach, including updating regulations, incentivizing a renaissance of the original plan for Ocean Drive, stepping up enforcement, and creating ways to balance vehicular and pedestrian mobility.

The purpose of this amendment to chapter 46 is to further reduce negative impacts of noise along Ocean Drive. Additionally, the amendment is intended to re-direct the activities of alcoholic beverage establishments to be substantially contained within private property and not spill onto the public street and sidewalks. This, in turn, will allow for a better activation of the street, as well as safe, unencumbered movement.

SUMMARY
After the discussion of the proposed ordinance at the LUSC, at the request of the item sponsor, additional modifications have been incorporated into the legislation. Specifically, the exemption for properties located on the west side of Ocean Drive, from 9th to 11th Streets is no longer proposed to be repealed. However, noise projecting east of the east property line from each property between 9th and 11th Streets shall only be exempt until 2:00 a.m. each day.

UPDATE

The subject ordinance was placed on the November 18, 2020 City Commission agenda and deferred to December 4, 2020.