Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 1.
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: April 29, 2021
TITLE:OCEAN DRIVE / MXE REGULATIONS – OPTIONS TO EXPEDITE CUP APPLICATIONS

ACTION REQUESTED:
Discuss the item and provide appropriate policy direction.

ADMINISTRATION RECOMMENDATION:
Conclude the item with direction to the Administration to include the recommendations for expedited CUP review herein within the Resiliency Code update currently being drafted.

HISTORY:

On February 17, 2021, as part of a comprehensive discussion pertaining to Ocean Drive and MXE regulations, the LUSC requested that the Administration explore potential options for expediting the CUP process in the MXE district.

ANALYSIS:

Pursuant to Sec. 142-542 of the City Code, the conditional uses in the MXE mixed use entertainment district are:

1. Major cultural dormitory facilities as specified in section 142-1332.

2. Public and private cultural institutions open to the public.

3. Religious institutions with an occupancy greater than 199 persons.

4. Banquet facilities. For purposes of this section, banquet facilities shall be defined as an establishment that provides catering and entertainment to private parties on the premises and are not otherwise accessory to another main use.

5. New construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the process before the review by any of the other land development boards.

6. Outdoor entertainment establishment.

7. Neighborhood impact establishment.

8. Open air entertainment establishment.


Additionally, there is an Ordinance pending before the City Commission that would add the following conditional uses in the MXE district:

1. Entertainment establishment; and
2. Artisanal retail with off-site sales as an accessory use to a hotel.

Pursuant to the request of the LUSC, the Administration has looked at ways of expediting Conditional Use (CUP) applications in the MXE district. To this end, the following is suggested for further discussion and consideration:

1. Codify a process for owner/operator changes for certain types of projects so that not all such changes require a full application process and notice.

2. Modifying the CUP requirements for certain types of non-entertainment uses.

The Administration recommends that any modifications to the CUP process be made part of the ongoing Land Development Regulation update and Resiliency Code process. The City’s consultant is looking at the CUP process as part of this endeavor and will likely have additional recommendations.

CONCLUSION:

The Administration recommends that the LUSC conclude the item with direction to the Administration to include the recommendations for expedited CUP review herein within the the Resiliency Code update currently being drafted.

Applicable Area

South Beach
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 

Departments

Planning