| | | | | | | |  | Ordinances - R5 A
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | April 20, 2022 | | | | 5:01 p.m. First Reading Public Hearing
| | SUBJECT: | COLLINS PARK ARTS DISTRICT OVERLAY - ENTERTAINMENT AND CULTURAL USES AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE ILL, "OVERLAY DISTRICTS," DIVISION 7, "CULTURAL ARTS NEIGHBORHOOD DISTRICT OVERLAY (CANDO)," BY ADDING CERTAIN CULTURAL USES AS ALLOWABLE ACCESSORY USES, EXPANDING THE BOUNDARIES OF THE OVERLAY DISTRICT, AND PERMITTING INDOOR ENTERTAINMENT IN ESTABLISHMENTS AS AN ACCESSORY USE TO A RESTAURANT OR HOTEL; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; 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 4, 2022. |
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| | | | | | | | BACKGROUND/HISTORY
| On December 8, 2021, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board for review and recommendation (item C4 U).
On February 11, 2022, the LUSC recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation.
On February 22, 2022, the Planning Board discussed the item and continued it to the March 22, 2022 meeting in order to allow for compliance with the notice requirements of sections 118-163 and 118-164, and provide that mail notice be sent to properties within 375 feet of the expansion area. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
In 2016, the City Commission created the Collins Park Arts Overlay District, which provides land-use incentives to property owners, developers, and commercial businesses to encourage arts-related uses within the district. These incentives have fostered arts and entertainment, as well as cultural uses. These uses relate well with the Bass Museum of Art and the Miami City Ballet, which are located within the Overlay, and are two of the City’s primary cultural institutions.
The primary purpose of the proposed amendment is to slightly expand the boundaries of the Collins Park Arts Overlay District to allow for limited indoor entertainment as an accessory use to restaurants or hotels fronting 17th Street and James Avenue, and located in the RM-2 district (See the attached map). These limited properties are directly across the street from the more intense CD-3 zoning district on the south side of 17th Street, thereby providing for a more appropriate transition between the commercial uses to the south and the hotel and residential uses to the north.
Indoor entertainment would be subject to conditional use approval from the Planning Board, and as part of the conditional use process, specific conditions could be required to ensure that nearby residents are not negatively impacted. Because the entertainment would be limited to indoor areas, it is not expected that the sound will impact surrounding neighbors. The proposal would allow for improved amenities for guests of the Casa Tua Hotel and the Cadet Hotel, both of which contain restaurants.
Additionally, the proposed amendment would allow museums, art galleries and related cultural uses as an accessory use to an apartment, apartment-hotel or hotels in areas of the overlay with an underlying RM-2 zoning designation. The proposed changes are intended to further the neighborhood’s goals of fostering creativity and arts.
PLANNING BOARD REVIEW
On March 22, 2022 the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 5-1. The Planning Board also recommended the following:
1. For purposes of indoor entertainment, the limitation of solely a DJ be removed.
2. The City Commission consider, as a separate referral, expanding the boundaries of the Collins Park Arts District Overlay to include the area north of 17th Street and south of 20th Street, for arts and culture uses only, with no entertainment permitted in the expanded area.
The Administration is supportive of the Planning Board recommendation regarding indoor entertainment, and the text of the draft Ordinance for First Reading has been modified to reflect this recommendation. The Administration also has no objection to the Planning Boards recommendation for a separate referral pertaining to the enlargement of the Collins Park Overlay boundaries, for arts and culture uses.
APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Enhancing Cultural Identity of the City |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Identified |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission approve the subject Ordinance at First Reading and schedule a Second Reading / Public Hearing for May 4, 2022. |
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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
Commissioner Ricky Arriola |
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