| | | | | | | |  | Ordinances - R5 I
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | April 6, 2022 | | | | 1:50 p.m. First 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 approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for May 4, 2022. |
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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 is scheduled to hold a public hearing on March 22, 2022, and transmit the Ordinance to the City Commission with a recommendation. The Administration will update the City Commission on the Planning Board recommendation at the Commission meeting.
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
| | Enhance Residents Quality of Life |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact |
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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 Alex Fernandez |
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