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2014-3909 Ordinance CONDITIONAL USES IN COLLINS WATERFRONT DISTRICT ORDINANCE NO. 2014-3909 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 II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," TO MODIFY THE CONDITIONAL USE REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City Code contains provisions for conditional uses within the RM-1 zoning districts; and WHEREAS, the City of Miami Beach desires to amend existing regulations pertaining to conditional uses within the RM-1 zoning districts; and WHEREAS, the Planning Board recommended approval of this Ordinance at its meeting dated August 26, 2014 by a vote of 6-0; and WHEREAS, the amendment set forth below is 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. Chapter 142, "Zoning Districts And Regulations", Article II, "District Regulations", Division 3, "Residential Multifamily Districts", Subdivision II, "RM-1 Residential Multifamily Low Intensity", of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-153. Conditional uses. (a) The conditional uses in the RM-1 residential multifamily, low density 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. (b) For properties located in the Collins Waterfront Local Historic District, which are designated as a Local Historic Site, a hall for hire use within the interior of an existing building shall require conditional use approval and shall comply with the following: (1) The conditional use shall only be permitted within an existing structure that is on a property designated as an `Historic Site' and such limitation shall be recorded in the Public Records; (2) Dance halls, entertainment establishments and neighborhood impact establishments may only be permitted as part of a hall for hire; (3) The hall for hire use shall close by 11:00 PM Sunday through Thursday, and by 12:00 AM Friday and Saturday; (4) Events at the hall for hire shall be for the exclusive use of the property owner (and its subsidiaries) and invited quests. Events at the hall shall not be for the general public, with the exception of adjacent schools and community organizations within the Collins Park and Flamingo Drive areas, which may use the hall until 9:00 pm. (5) Restaurants, stand-alone bars and alcoholic beverage establishments, not functioning as a hall-for-hire, shall be prohibited; (6) Outdoor dining, outdoor entertainment and open-air entertainment uses shall be prohibited; (7) Private or valet parking for any event at the hall shall be prohibited from using Flamingo Drive, Flamingo Place or Lake Pancoast Drive to facilitate access to the site. There shall be no variances from the provisions of Section 142-153(b). 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 re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 n0✓ ni x2014 ATTEST: Philip Levine, M o Rafael E. Granado, itY'`�Qk; A I� ' I APPROVED AS TO First Reading: 66615er 22_ 14.•' ;_ FORM & LANGUAGE �a Second Reading: V,e' °r Z 14b EXECUTION g• &FO EXEC U Verified By: I` ZA ( Q- Thomas R. Mooney, AICP city AttorrW �e Planning Director Underline = new language = deleted language TAGENDAMMINlovembeARM-1 Collins Park CUP-ORD Second Read.docx COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the conditional use requirements for RM-1 properties located within the Collins Waterfront Local Historic District. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. 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—PUBLIC HEARING The proposed Ordinance would amend the Land Development Regulations to modify the list of conditional uses for RM-1 properties located in the Collins Waterfront Local Historic district to allow for hall for hire and/or restaurant uses within a designated historic site. On October 22, 2014, the City Commission: 1) accepted the recommendation of the Land Use and Development Committee via separate motion; 2) approved the attached Ordinance at First Reading, with modifications, and scheduled a Second Reading Public Hearing for November 19, 2014; and 3) referred a modification to the Land Development Regulations establishing a definition for'Hall for Hire' to the Planning Board. The Administration recommends that the City Commission adopt the attached Ordinance. Advisory Board Recommendation: E6 n Augu st 26, 2014 the Planning Board recommended approval of the subject Ordinance by a vote to 0 (Planning Board File No. 2205). 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, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Thomas Mooney Sign-Offs: Department ire for Assistant City Manager C' Manager um V T:\AGENDA\2014\November\RM-1 Collins Park CUP-SUM Second Read.docx I AGENDA ITEM RS-m- MIAMIBEACH DATE MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City Co mission FROM: Jimmy L. Morales, City Manager DATE: November 19, 2014 SECOND READING — PUBLIC HEARING SUBJECT: Conditional Uses in the Collins W terfront Historic District 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 II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," TO MODIFY THE CONDITIONAL USE REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission accept the recommendation of the Land Use and Development Committee via separate motion; approve the attached Ordinance at First Reading, and schedule a Second Reading Public Hearing for November 19, 2014; and refer a modification to the Land Development Regulations creating a definition for `Hall for Hire' to the Planning Board. BACKGROUND On April 23, 2014, at the request of Commissioner Michael Grieco, the City Commission referred a discussion item to the Land Use and Development Committee, which would expand the use of Conditional Uses in the RM-1 districts within the Collins Waterfront Historic District, under limited circumstances. On June 12, 2014, the Land Use and Development Committee recommended that the subject Ordinance be referred to the Planning Board. On July 23, 2104, the City Commission referred the proposed Ordinance to the Planning Board (Item C413). Currently within the RM-1 zoning district, only the following `Conditional Uses' are permitted: • Adult Congregate Living Facility; Commission Memorandum Ordinance Amendment—Conditional Uses in the Collins Waterfront Historic District November 19, 2014 Page 2 of 4 • Day Care Facility; • Nursing Home; • Religious Institutions; • Private And Public Institutions; • Schools; • Commercial or Noncommercial Parking Lots And Garages. The proposed Ordinance would expand the list of Conditional Uses to include a hall for hire and/or restaurant use for properties designated as a Local Historic Site. ANALYSIS The RM-1 residential multifamily, low density district is designed for low intensity, low rise, single-family and multiple-family residences. The main permitted uses in the RM-1 district are single-family detached dwellings, townhomes and residential apartments. The following `Conditional Uses' are also permitted within the RM-1 Zoning District: • Adult Congregate Living Facility, • Day Care Facility; • Nursing Home; • Religious Institutions; • Private And Public Institutions; • Schools; • Commercial or Noncommercial Parking Lots And Garages. The Miami Beach Women's Club Building is a designated Historic Site (HPS-5) and is located within the boundaries of the Collins Waterfront Local Historic District. Additionally, the Women's Club site is zoned RM-1, and thus limited to the uses listed above. As the Women's Club structure was designed and built as an 'Assembly Hall', the adaptive re-use of the facility has proven to be challenging, particularly within the confines of a more restrictive, low-density multi-family zoning district. In order to address this issue, a proposal has been put forward to expand the list of conditional uses in the RM-1 district, for certain properties located within the Collins Waterfront Local Historic District (See attached map illustrating the boundaries of this area). Specifically, a hall-for-hire and/or restaurant use would become a conditional use for properties located in the Collins Waterfront Local Historic District, which are designated as Historic Sites. Such an amendment would not be limited to a single piece of property, and would give the owners of the historic Women's Club structure much needed latitude to accommodate a tangible, adaptive re-use of the structure. Further, as the subject use would require the review and approval of the Planning Board, appropriate intensities of use, as well operational safeguards would be at the discretion of the Planning Board. In order to ensure that any future hall-for-hire use and/or restaurant is compatible with the low scale, residential character of the immediate geographical area, the following additional limitations on any,future proposed conditional use are suggested: • The prohibition of dance halls, entertainment establishments, neighborhood Commission Memorandum Ordinance Amendment—Conditional Uses in the Collins Waterfront Historic District November 19, 2014 Page 3 of 4 impact establishments, outdoor entertainment establishments, open air entertainment establishments and outdoor music (including background music), proposed to be operated on a permanent basis. • Stand-alone bars and alcoholic beverage establishments, not functioning as a restaurant or hall-for-hire, shall be prohibited. • Outdoor dining uses shall not be permitted. • The total number of seats of any stand-alone restaurant would be limited to no more than 125. With appropriate safeguards and controls, the use of the facility as a hall-for-hire, or neighborhood type cafe could be an asset to the surrounding area, as well as provide a mechanism for the use of the restored, historic structure. The attached draft Ordinance includes all of the aforementioned proposals. PLANNING BOARD REVIEW On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the proposed Ordinance to the City Commission with a favorable recommendation. The Planning Board also recommended that the City Commission refer a separate amendment to the Land Development Regulations, creating a definition for `Hall for Hire'. 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 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 a negative fiscal impact upon the City. UPDATE On October 22, 2014, the City Commission approved the subject Ordinance at First Reading, with the following modifications: 1. A requirement that any conditional use be tied, by covenant, to an existing structure within a designated historic site. 2. A limitation on the hours of operation for a hall for hire; specifically, such use must close by 11:00 PM Sunday through Thursday, and by 12:00 AM Friday and Saturday. 3. The removal of a stand-alone restaurant as an allowable use. The attached Ordinance includes the above noted changes. 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Gimenez, Mayor miamidade.gov June 1, 2015 Mr. Jimmy Morales, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: City of Miami Beach Tree Ordinance and Transfer of Tree Permitting from Miami-Dade County to the City of Miami Beach Dear Mr. Morales, This letter is to acknowledge the City's adoption of the Miami Beach Tree Ordinance Number 2014-3904 on November 19, 2014. At the City's request, Miami-Dade County's Department of Regulatory and Economic Resources, Division of Environmental Resources Management (DERM) has reviewed this ordinance pursuant to Chapter 24 of the Miami-Dade County Code and has determined that it is equivalent to, or more stringent than, the provisions of Miami-Dade County Ordinance Number 89-8 and the Tree Preservation and Protection provisions of Chapter 24. Accordingly, and in response to the City's request, Miami-Dade County will no longer regulate tree resources within the City of Miami Beach as of June 15, 2015, in order to allow the City to assume this regulatory responsibility pursuant to Chapter 24 of the Miami-Dade County Code. Any tree removal applications received by DERM after June 15, 2015 will be forwarded to the City or returned to the applicant. DERM will continue to enforce the requirements of any DERM issued tree permits in the City, and will coordinate with the City on any compliance issues relating to such permits. Additionally, any applications currently pending with our Department prior to June 15, 2015 will continue to be processed by Miami-Dade County. In order to facilitate this transition, DERM will provide the City (under separate cover) with copies of all pending applications as well as any permits that are issued after the date of this letter for tree removals or relocations within the City. Please be advised that permits from DERM will still be required for work involving mangroves as well as any work involving impacts to wetlands vegetation including trees located in wetlands such as buttonwoods. In addition, we want to ensure that the City is fully aware of regulatory requirements involving the removal or trimming of coastal dune vegetation including sea grape trees that are growing on state-owned land adjacent to your beaches. Such requests may require the approval of FDEP. We also want to take this opportunity to provide additional background information relating to coastal dune vegetation within the City of Miami Beach. As you are probably aware, much of the dune vegetation within the City has been planted through the efforts of DERM and the State of Florida as a component of beach renourishment projects over the years. We therefore respectfully request that any projects involving impacts or the removal of dune vegetation be coordinated through DERM. These areas must be maintained to prevent the growth of prohibited plant species pursuant to the requirements of the Miami-Dade County Landscape Manual and other applicable laws and the City shall also enforce the minimum landscaping requirements of these regulations within its municipal limits. This includes ensuring that controlled �Ct�f�Yt11 ' E ce/te cc ETe l`i �au landscaping species are not planted within 500 feet of the dunes by the City or its contractors as well as by nearby property owners through your plan review, permitting and compliance processes. Please also be advised that platting and zoning actions (including municipal zoning hearings, site plan reviews and governmental facilities) are coordinated through DERM's Office of Code Coordination and Public Hearings located at 701 NW 1 Court, 4th fl, Miami, FL 33136 and this office may be reached at 305-372- 6764. Municipal building permits are reviewed by the DERM Plan Review Section located at 701 NW 1st Court, 2nd Floor or the Permitting and Inspection Center (West Dade Office) located at 11805 SW 26 Street (786-315-2800). We want to thank your staff for the excellent collaboration during the development of this local ordinance and wish you much success in the regulation and protection of tree resources within the City. If you have any questions or need additional information regarding DERM's Tree Permitting Program, please contact Lazaro J. Quintino at quintl(a�miamidade.gov or (305) 372-6626. You may also contact me directly if we can provide any additional assistance to you and City staff during the implementation of this new regulatory program. Sincerely,AA ee N. Hefty, Director Division of Environmental Resources Management(DERM) cc: Mark Williams, City of Miami Beach Urban Forester P. Rodney Knowles, City of Miami Beach Greenspace Division Director Ricardo Guzman, City of Miami Beach Senior Planner Granad® Rafael From: Morales, Jimmy Sent: Thursday,June 04, 2015 10:56 AM To: Mayor's Office Cc: Management Team Subject: FW: Miami Beach tree ordinance Attachments: Ltr- Miami Beach Tree Ordinance.pdf Mayor and Commissioners, Please see the attached letter from DERM notifying us that the County has signed off on the City's tree ordinance and effective June 15, 2015,the City will assume the regulatory responsibility for tree resources within the City. Good news indeed. Thank you for your leadership on this issue. MIAMI Jimmy Morales City Manager OFFICE OF THE CITY MANAGER 1700 Convention Center Drive,Miami Beach,FL 33139 Tel:305-673-7010 / Fax:305-673-7782 I http:/lwww.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community. From: Boutsis, Eve Sent: Thursday, June 04, 2015 10:50 AM To: Morales, Jimmy; Guzman, Ricardo; Mooney, Thomas Subject: Fwd: Miami Beach tree ordinance Sent from my Verizon Wireless 4G LTE smartphone Original message From: "Quintino, Lazaro (RER)" <QuintL @miamidade.gov> Date: 06/04/2015 10:32 AM (GMT-05:00) To: "Guzman, Ricardo" <RicardoGuzman @miamibeachfl.gov>,"Knowles, Rodney" <rodneyknowles @miamibeachfl.gov>,"Williams, Mark" <MarkWilliams @miamibeachfl.gov>,"Boutsis, Eve" <EveBoutsis @miamibeachfl.gov> Subject: Miami Beach tree ordinance Good morning to all. Please see the attached letter that has been signed by our Director and mailed to Mr. Morales. Thank you Lazaro J. Quintino, ERPS Department of Regulatory and Economic Resources Environmental Resources Management Tree Program 701 N.W. 1 Court, 6 floor Miami, Florida 33136-3912 (305) 372-6626 http://www.miamidade.gov/economy 2