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2013-3819 Ordinance PALM VIEW HOTEL USES (As Transmitted by Planning Board on June 25, 2013) ORDINANCE NO. 2013-3819 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE 11, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO LIMIT HOTELS AS HEREINAFTER PROVIDED IN THE PALM VIEW CORRIDOR TO THOSE EXISTING AS OF MAY 28, 2013; DEFINING THE PALM VIEW CORRIDOR AS ALL PROPERTIES ABUTTING THE WEST SIDE OF MERIDIAN AVENUE BETWEEN 17TH STREET AND COLLINS CANAL; DEFINING THE RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING USES; TO EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OUTDOOR ENTERTAINMENT FROM PERMITTED HOTEL ACCESSORY USES; TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE PALM VIEW CORRIDOR OF THE RM-2 DISTRICT; ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION OF HOTEL USES; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to preserve and enhance the residential scale, character and livability of residential apartment and condominium buildings within the City's medium intensity multi-family districts located in the Palm View District; and WHEREAS, hotel uses located in the Palm View District and zoned RM-2 include allowable accessory uses that present compatibility issues with existing residential structures; and WHEREAS, the City of Miami Beach desires to amend existing requirements and procedures for certain types of prohibited uses for properties located in the Palm View District and zoned RM-2; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, Article 2, entitled "District Regulations", Division 3, entitled "Residential Multifamily Districts", Subdivision IV, entitled "RM-2 Residential Multifamily, Medium Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-212. - Main permitted uses. l The main permitted uses in the RM-2 residential multifamily, medium intensity district are single-family detached dwellings; townhomes; apartments; apartment-hotels; and hotels, e, xcept that in the Palm View corridor, defined in this Subdivision as all properties abutting the west side of Meridian Avenue between 17th street and Collins Canal, apartment-hotel or hotel uses are only permitted if issued a building permit or occupational license prior to May 28, 2013, or are approved by the Design Review Board pursuant to a complete application filed and pending prior to May 28, 2013, in which event they shall be considered a "Legal Conforming Use." A property that has a "Legal Conforming Use" as used in this Subdivision prior to May 28, 2013, may retain all, and apply for new, expansions and modifications to, permitted, conditional and /or accessory uses permitted in the zoning category as of May 28, 2013, and apply for buildinq permits to add, improve and/or expand existing structures, or construct new structures for permitted, conditional and/or accessory uses permitted in the zoning category, if FAR remains available. Sec. 142-213. - Conditional uses. Conditional uses in the RM-2 residential multifamily, medium intensity district are adult congregate living facility; day care facility; nursing home; religious institutions; private and public institutions; schools; commercial or noncommercial parking lots and garages; and accessory neighborhood impact establishment, as set forth in article V, division 6 of this chapter. Sec. 142-214. -Accessory uses. The accessory uses in the RM-2 residential multifamily, medium intensity district are as required in article IV, division 2 of this chapter and uses that serve alcoholic beverages as listed in article V, division 4 of this chapter, pertaining to alcoholic beverages. RM-2 properties within the Palm View corridor, may not have accessory outdoor entertainment establishments. Notwithstandinq the foregoing, a property that had a Legal Conforming Use as of May 28, 2013 shall have the right to apply for and receive special event permits that contain entertainment uses. Sec. 142-215. Prohibited Uses. The prohibited uses in the RM-2 residential multifamily, medium intensity district are accessory outdoor entertainment establishment, accessory open air entertainment establishment, as set forth in article V, division 6 of this chapter; and accessory outdoor bar counter; and for properties located within the Palm View corridor, hotels and apartment-hotels, except to the extent Preempted by Section 509.032(7), Florida Statutes, and unless they are a Legal Conforming Use. Properties that voluntarily cease to operate as a hotel for a consecutive three (3)year period, shall not be permitted to later resume such hotel operation. Without limitation, (a) involuntary hotel closures due to casualty, or(b) cessation of hotel use of individual units of a condo-hotel, shall not be deemed to be ceasing hotel operations pursuant to the preceding sentence. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention and the word "ordinance" may be changed to "section" p � Y 9 "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, with the exception of Chapter 142, Article III, Division 5 = West Avenue Bay Front Overlay. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this day of OCAb-e Y'-- , 2013. AY ATTEST: INICORr RATED: a' r 7, CITY CLERK �, ._....•••'•ACb Z,> ° APPROVED AS TO FORM & LANGUAGE & FOR EXE. UTION o ey Da First Reading: September 11, 2013 Second Reading: October 16, 2013 Verified by!,. Richard 0. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language c+rilie_T denotes deleted language 09/27/2013 T:\AGENDA\2013\October 16\Palm View Hotel Uses ORDINANCE 2nd Read.docx COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment modifying the regulations for hotel uses within the Palm View corridor in the RM-2 district. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is"about the right amount." Item Summa /Recommendation: SECOND READING The proposed Ordinance would modify the regulations for hotel uses within the Palm View corridor in the RM-2 district. The City Commission approved the Ordinance at First Reading on September 11, 2013 and set a Second Reading Public Hearing for October 16, 2013. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: On June 25, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 5-0. Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign-Offs: Department Director s ist t City Manager City Manager &-4 aL T:\AGENDA\2013\October 16\Palm Vi otel Us -SUM 2nd R d.docx AGENDA ITEM ID MIAMIBEACH DATE 1 0- t 3 i m MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me bers of the ity Commission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SECOND READING SUBJECT: Palm View Hotel Uses ANORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE PALM VIEW CORRIDOR OF THE RM-2 DISTRICT, MORE SPECIFICALLY DEFINED AS ALL PROPERTIES ABUTTING THE WEST SIDE OF MERIDIAN AVENUE BETWEEN 17TH STREET AND COLLINS CANAL; PROHIBITING OUTDOOR ENTERTAINMENT, AND PERMITTING VESTED HOTEL PROJECTS IN THE DEFINED AREA TO REMAIN AS LEGAL CONFORMING USES; AND PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND On October 24, 2012, the City Commission referred a discussion regarding hotels in residential neighborhoods to the Land Use and Development Committee (LUDC). On December 19, 2012 the Land Use Committee referred an Ordinance prohibiting hotel uses within the West Avenue and Palm View areas to the Planning Board for consideration. The subject Ordinance was first scheduled to be considered by the Planning Board on April 3, 2013. However, due to a defect in the notice, the matter was required to be re- noticed for the May 28, 2013 meeting. Additionally, the subject Ordinance was bi- furcated into a separate Ordinance for the Palm View area and a separate Ordinance for the West Avenue area. The City Commission approved the subject Ordinance at First Reading on September 11, 2013. ANALYSIS The proposed Ordinance, which was originally part of the West Avenue Hotel Ordinance, Commission Memorandum Palm View Hotel Uses October 16, 2013 Page 2 of 3 applies only to those properties zoned RM-2 along the west side of Meridian Avenue from 17th Street to the Collins Canal. Up until recently, this area consisted solely of residential apartment buildings. However, as hotels are permitted within an RM-2 zone, the residents of the much lower scale Palm View historic district to the immediate west of this corridor have expressed a concern with regard to the potential impacts of hotel uses, and accessory uses to hotels in the subject area. Planning Department staff has previously recommended that a total ban on hotel uses in the residential zoning districts in the West Avenue corridor be approached with caution, due to potential legal complications, as well as the potential for creating legal 'non- conforming' uses. The Land Use Committee referred the matter to the Planning Board with a recommendation to prohibit hotels in the West Avenue neighborhood. The Ordinance transmitted by the Planning Board reflects this direction. While the Ordinance was pending before the Planning Board, different neighborhood groups were in discussion with existing hotel operators in the Palm View area. These discussions addressed the impact that a ban on hotels would have, as well as the negative of impacts of accessory uses. The proposed Ordinance reflects some aspects of the aforementioned discussions, including clarifying that existing hotels and accessory uses, which may become legal non-conforming, can retain their status going forward, due to the substantial investment in the property. Additional modifications have been incorporated into the Ordinance that further address concerns of affected operators regarding the grandfathering of non-conforming uses. These include the ability to re-introduce a hotel use after the property was converted to a conforming residential use, provided that the property was licensed as a hotel before May 28, 2013 and that the subsequent residential use does not exist for more than three (3) years. The Planning Board concluded that a 3 year window to revert back to a previously established, though non-conforming, hotel use is a fair amount of time for an affected property owner to be able to absorb any potential loss of revenue associated with an unsuccessful residential venture. While not opposed to the 3 year rule proposed, as indicated previously in the process, staff is not in favor of allowing a non-conforming use to continue in perpetuity, in the event such use was discontinued and replaced by a conforming use. Such a modification would substantially contravene Chapter 118, Article IX of the land Development Regulations of the City Code, pertaining to 'Nonconformances'. As part of the Planning Board review process, staff also suggested other areas that may be worthy of discussion, including: • Establishing a Conditional Use requirement for hotels and accessory uses proposed in the Palm View district. • Stricter regulation of allowable 'Accessory Uses', including placing defined limits on occupancy loads, seating and hours of operation. • A prohibition on outdoor seating facing a street or sidewalk, as well as on sidewalk cafes. • Requiring that access to `Accessory Uses' be from within the confines of the hotel, via a hotel lobby, and not be directly from the street or sidewalk i Commission Memorandum Palm View Hotel Uses October 16, 2013 Page 3 of 3 • As recommended by the Land Use Committee, creating an `Applicability' section of the Ordinance, in order to address existing hotel uses. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on June 25, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 5 to 0. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. 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