| | | | | | | |  | Ordinances - R5 A
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Raul J. Aguila, Interim City Manager | | | DATE: | April 21, 2021 | | | | 10:05 a.m. First Reading Public Hearing
| | SUBJECT: | CHAPTER 142 - MXE USE REGULATIONS
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 114, ENTITLED "GENERAL PROVISIONS," AT
SECTION 114-1, ENTITLED "DEFINITIONS," TO ESTABLISH A DEFINITION
FOR EXPERIENTIAL RETAIL; BY AMENDING CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED
"DISTRICT REGULATIONS," DIVISION 13, ENTITLED "MXE MIXED USE
ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-542, ENTITLED
"CONDITIONAL USES," TO AMEND THE LIST OF CONDITIONAL USES TO
INCLUDE ENTERTAINMENT ESTABLISHMENT AND ARTISANAL RETAIL
WITH OFF-SITE SALES AS AN ACCESSORY USE TO A HOTEL; AMENDING
SECTION 142-543, ENTITLED "ACCESSORY USES," TO ALLOW FOR
ACCESSORY USES SUBJECT TO THE SUPPLEMENTAL ACCESSORY USE
REGULATIONS IN SECTION 142-543.1; CREATING SECTION 142-543.1,
ENTITLED "SUPPLEMENTAL ACCESSORY USE REGULATIONS," TO
CLARIFY AND CONSOLIDATE REGULATIONS FOR ACCESSORY USES,
AND ALLOW FOR ARTISANAL RETAIL FOR ON-SITE SALES ONLY,
EXPERIENTIAL RETAIL, AND RELATED USES AS PERMITTED ACCESSORY
USES; AMENDING SECTION 142-544, ENTITLED "PROHIBITED USES," TO
PROHIBIT MEDICAL AND DENTAL OFFICES, STAND ALONE BARS, AND
RELATED USES; AND AMENDING SECTION 142-546, ENTITLED
"ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE,
OCEAN TERRACE AND COLLINS AVENUE," TO RENAME THE SECTION,
PROVIDE THAT COMMERCIAL USES ON ROOFTOPS SHALL BE LIMITED TO
RESTAURANTS, AND CLARIFY EXISTING REGULATIONS; AND AMENDING
ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 2, ENTITLED "ACCESSORY USES," TO REPEAL SECTION 142-904,
ENTITLED "ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT
REGULATIONS," AND AMEND AND RELOCATE THE PROVISIONS THEREIN
TO SECTION 142-543.1; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading public hearing for May 12, 2021. |
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| | | | | | | | BACKGROUND/HISTORY
| HISTORY
On July 29, 2020, the City Commission referred the following items to the Land Use and Sustainability Committee (LUSC):
1. Item C4I, sponsored by Mayor Dan Gelber and co-sponsored by Commissioner Steven Meiner: Discussion pertaining to Land Use Regulations specific to Ocean Drive and the Mixed-Use Entertainment (MXE) Area.
2. Item C4J, sponsored by Commissioner Ricky Arriola: Discussion pertaining to the prohibition of stand-alone bars on Ocean Drive.
At the time of referral, the City Commission requested that these items, as well as a more global discussion on Ocean Drive and the surrounding area, be discussed at a special workshop of the LUSC on or before September 18, 2020. The special workshop of the LUSC was held on September 17, 2020.
On October 14, 2020, at the request of Mayor Dan Gelber, the City Commission referred draft ordinances to the Land Use and Sustainability Committee (LUSC) and the Planning Board (item C4I). These ordinances were part of the recommendations presented at the special workshop of the LUSC on September 17, 2020.
On November 24, 2020 the LUSC discussed the draft ordinances and continued the matter to the January 2021 LUSC meeting, with the following direction:
1. Refer all of the proposed ordinances to the City Commission workshop scheduled for December 4th, , 2020.
2. Obtain feedback on the proposed amendments from the City’s Ocean Drive consultant, Zyscovich.
On January 20, 2021 the item was deferred to the February 17, 2021 LUSC, to allow time for input from Zyscovich and the Mayor's Art Deco Cultural District (ADCD) Panel. The Administration has met with Zyscovich and presented the Chapter 142 LDR Amendment proposal to the panel on January 22, 2021. The panel members indicated that they would like to review the proposal in more detail and would provide specific comments and recommendations at their February 12, 2021 meeting.
On February 12, 2021, the Mayor’s ADCD Panel endorsed the proposals in the draft ordinance, with the exception of the proposal to require all indoor entertainment establishments to obtain a CUP. On February 17, 2021, the LUSC discussed the proposed ordinance pertaining to Chapter 142 MXE use regulations and recommended the following:
1. Approval of the Ordinance pertaining to Chapter 142 MXE regulations, except for the proposal to require a CUP for all indoor entertainment establishments.
2. In accordance with the recommendation of the Mayor’s Art Deco Cultural District Panel’s, the LUSC recommends that the proposal to require a CUP for all indoor entertainment establishments with an occupational content of less than 200 persons not move forward.
3. The Administration shall study potential options for expediting the CUP process and bring back specific recommendations at the upcoming March or April LUSC meeting.
BACKGROUND
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 is 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.
In early August 2020, the administration convened a working group of internal staff to take a comprehensive look at all aspects of Ocean Drive and the larger MXE district. This working group included key staff from the City Manager’s Office, Economic Development, Police, Fire, Planning, Transportation, Public Works, Tourism and Culture, Parking and Communications. This working group put together a comprehensive analysis and draft visioning for Ocean Drive titled “The Art Deco Cultural District Reimagined”. Collectively, the purpose of the recommendations is not to curate taste, cuisine or entertainment, but to revitalize the district and recapture its successful foundation as an Architectural District.
The following are the specific strategies that resulted from the working group, in addition to the legislative referrals from the July 29, 2020 City Commission meeting:
1. Safety/Security
2. Activation
3. Target Industries/Incentives
4. Branding
5. Transportation/Transit
6. Zoning Amendments (Including July 29, 2020 Commission Referrals)
The concept behind these strategies is to establish a foundation of information to allow for more detailed planning efforts needed to address the district, and potentially beyond. Each of these strategies, all of which have short- and long-term recommendations, were discussed at length during the September 17, 2020 LUSC workshop. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
Most of the revisions proposed in the attached draft amendment to chapter 142 are for clarification and clean-up purposes. The following substantive changes are proposed:
• CUP Review for ALL Indoor Entertainment – Currently, venues with indoor entertainment do not require Planning Board CUP review if the occupational content is less than 200 persons. The proposal herein would require that such establishments obtain a CUP.
• Prohibition of Future Stand-Alone Bars / Drinking Uses – In order to minimize the negative impacts created by alcoholic beverage establishments, the proposed amendment limits these uses to serving as accessory to a restaurant use, wherever possible. An exception to this would be interior hotel lobby bars.
• Rooftop Uses – Commercial rooftop uses shall be limited to restaurant use. This shall not preclude the use of the roof top for residential, office or hotel guest amenities. Additionally, commercial roof top uses would only be permitted if minimum benchmarks are satisfied.
• Artisanal Retail and Experiential Retail as Accessory Uses - With rapid changes occurring in the retail sector, many people are seeking out new and interesting experiences when they visit an area that they cannot find locally. This especially includes seeking unique, locally produced goods at the source. In order to allow for this, there would need to be a blending of retail with low intensity industrial production, known as artisanal retail. Microbreweries are the most popular form of artisanal retail; however, there are others which produce consumer-oriented goods, food, works of art, clothing, personal care items, and others. In such establishments the goods are produced and sold on-site to retail customers. Such uses may create a new and exciting attraction for Ocean Drive, while creating jobs. People are also seeking unique experiences related to art and interactivity as part of the retail experience. This can include people interacting with art, multimedia, incorporating lessons and lectures, and many other creative features. Due to the methods of construction of some of the historic buildings, it may be difficult for them to be retrofit to accommodate such uses in certain buildings; however, where they can be accommodated, they would provide a great benefit for the area.
The Administration believes the proposed modifications are an important component within the larger, comprehensive strategy to address the issues with the MXE district. As such it is recommended that the Ordinance be approved.
PLANNING BOARD REVIEW
On March 23, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 7-0.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Improvements to Historic Districts |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading public hearing for May 12, 2021. |
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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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