2017-4126 Ordinance RM-3 ACCESSORY USES
ORDINANCE NO. 2017-4126
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
142 "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV
"SUPPLEMENTARY DISTRICT REGULATIONS," TO MODIFY
THE ACCESSORY USE REQUIREMENTS FOR APARTMENTS
IN THE RM-3 ZONING DISTRICT BY ALLOWING LIMITED
ACCESSORY USES AT AN AMENITY LEVEL FOR BUILDING
RESIDENTS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes supplementary district regulations that specify permitted accessory uses; and
WHEREAS, unique accessory use requirements apply to apartment buildings in the
City's RM-3 district based upon the size, location, and intensity of uses in the district; and
WHEREAS, the Mayor and City Commission desire to amend the supplementary district
regulations for the RM-3 district to allow apartment buildings to open limited accessory uses on
the amenity level of the building; and
WHEREAS, such accessory uses would be limited to a retail store and/or a cafe with
less than 30 seats, either of which could only be open to residents and their guests; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary
District Regulations," is hereby amended, as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE IV. —SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 2. -ACCESSORY USES
* * *
Sec. 142-902. - Permitted accessory uses.
1
The following are permitted accessory uses:
(2) Apartment buildings may have accessory uses based upon the below criteria:
* * *
e. Buildings in the RM 3 and R PSI districts may have commercial, office, eating or
from the front property line.
Buildings in the RM-3 and R-PS4 districts may have:
1. Commercial, office, eating or drinking uses with access from the
main lobby or from the street if they are either located on the
ground floor, subterranean level or on the highest floor of a
building.
2. A retail store and / or a café with less than 30 seats (either or both
of which could only be open to residents and their guests) may
occupy space on the amenity level of an apartment building
located within an RM-3 district.
3. Office space, when originally constructed on the second level of
an existing building may be retained or re-introduced. When
located on the ground floor, office space shall be at least 50 feet
from the front property line.
* * *
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 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.
2
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this a* day of -Ad)/
Philip Levine j7
Mayor /
ATTEST:
B E,q
Rafa E. a ado
City Clerk I.. \ �I; APPROVED AS TO
•. Z "FORM AND LANGUAGE
�P � • . % & FOR EXECUTION
,ry0i�� •'�'L: Attorney Date
First Reading: June 7, 2017 y .......
�...
Second Reading: my 26, 20 7 - > •
Verified by:
Thomas R. Mooney, Al•
Planning Director
Underscore denotes new language
denotes removed language
T:\AGENDA\2017\6-June\Planning\RM3 Accessory Uses-First Reading ORD.docx
3
Ordinances- R5 Y
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 26, 2017
5:06 p.m. Second Reading Public Hearing
SUBJECT RM-3 ACCESSORY USES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICTS AND
REGULATIONS,"ARTICLE IV"SUPPLEMENTARY DISTRICT REGULATIONS,"TO
MODIFY THE ACCESSORY USE REQUIREMENTS FOR APARTMENTS IN THE
RM-3 ZONING DISTRICT BY ALLOWING LIMITED ACCESSORY USES AT AN
AMENITY LEVEL FOR BUILDING RESIDENTS; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION;AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On March 1, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission
referred the subject discussion item to the Land Use and Development Committee (Item C4L). On
March 8, 2017, the Land Use Committee discussed the proposal and recommended that the City
Commission refer the Ordinance to the Planning Board.
On April 26, 2017, the Mayor and City Commission referred this item to the Planning Board for
consideration (item C4L.)
PLANNING ANALYSIS
Currently, apartment buildings in the RM-3 and R-PS4 districts may have commercial, office, eating
or drinking uses with access from the main lobby or from the street if they are either located on the
ground floor, subterranean level or on the highest floor of a building. Office space, when originally
constructed on the second level of an existing building may also be retained or re-introduced.
Under the current code, accessory commercial uses are not allowed in any other areas of an
apartment building in the RM-3 district. Within some apartment buildings located in the RM-3 district,
amenity levels are located on the ground floor. However, such amenity levels are often located on a
higher level, such as a pool deck above parking levels.
The proposed draft ordinance would amend Section 142-902 of the Land Development Regulations
of the City Code, pertaining to allowable accessory uses in apartment buildings. Specifically, only in
the RM-3 district, a retail store and / or a café with less than 30 seats (either or both of which could
Page 1553 of 2495
only be open to residents and their guests)would be permitted on the amenity level of an apartment
building.
PLANNING BOARD REVIEW
On May 23, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City
Commission, with a favorable recommendation.
UPDATE
The subject ordinance was approved at First Reading on June 7, 2017. At First Reading, the
Commission requested that the Administration confirm the approval procedures for modifications to
common areas within condominium buildings. According to the Building Department, an authorized
representative of the Condominium Board is required to execute any permit application for work
within common areas.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
D Ordinance
D Ad
Page 1554 of 2495
TIMM INS 13 2017 NEIGHBORS I ( 7NE
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDMENT RELATING
TO MODIFYING THE ACCESSORY USE
REQUIREMENTS FOR APARTMENTS IN
THE RM-3 ZONING DISTRICT
July 26, 2017
NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and
City Commission of the City of Miami Beach,Florida,in the Commission Chamber,
3rd Floor. City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
July 26,2017 at 5:06 p.m.,or as soon thereafter as the matter can be heard,to
consider,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 142"ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV "SUPPLEMENTARY DISTRICT REGULATIONS,"
TO MODIFY THE ACCESSORY USE REQUIREMENTS FOR APARTMENTS IN
THE RM-3 ZONING DISTRICT BY ALLOWING LIMITED ACCESSORY USES AT
AN AMENITY LEVEL FOR BUILDING RESIDENTS:PROVIDING FOR REPEALER;
SEVERABILITY;CODIFICATION;AND AN EFFECTIVE DATE.
This Ordinance is being heard pursuant to Section 2.05 of the City Charter and
§166.041 F.S.Inquiries may be directed to the Planning Department at 305.673.7550.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by
an agent,or to express their views In wriIng addressed to the City Commission,
c/o the City Cleric, 1700 Convention Center Drive, 1° Floor, City Hall, Miami
Beach, Florida 33139. This item is available for public inspection during normal
business hours in the City Cleric's Office,1700 Convention Center Drive,1"Floor,
City Hall, Miami Beach, Florida 33139. This item may be continued, and under
such circumstances,additional legal notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat.,the City hereby advises the public that
if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at its meeting or its hearing,such person must
ensure that a verbatim record of the proceedings is made,which record includes
the testimony and evidence upon which the appeal is to be based.This notice
does not constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or
appeals not otherwise allowed by law.
To request this material in alternate format, sign language interpreter (five-day
notice required),information on access for persons with disabilities,and/or any
accommodation to review any document or participate in any City-sponsored
proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then
option 6;TTY users may cell via 711 (Florida Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach
Ad 1369
Page 1558 of 2495
Agenda Item R S y
Date 7-26-/7
►
AKOYA
a r a r e p e a r t o n t h e o c e a n
July 20, 2017
Mr. Thomas Mooney, Planning Director
City of Miami Beach
PLANNING DEPARTMENT
1700 Convention Center Drive
Miami Beach, FL 33139
Re: LUDC referral to city commission - RM-3 zoning accessory uses
Dear Mr. Mooney,
I am writing on behalf of the Akoya Condominium Association, Inc and
its Board of Directors regarding the above referenced matter.
The Board of Directors of Akoya Condominium Association supports
Commissioner Aleman's proposal to remove the floor restriction that
governs accessory uses in the RM-3 district. As previously discussed,
there are many buildings that have amenity decks built on top of parking
garages and common area spaces above the ground floor that can
accommodate these uses. The change to the City code is not only
logical, it is necessary.
We look forward to your response and thank you in advance for your
consideration.
Sincere,�� -
�.rr
Edua •o Di- , • • = - anager
On b:half •f the Board of Directors of
Akoy. Con. ..inium Association
6365 Collins Avenue
Miami Beach,Fl 33141
Tel 786 621-3333
Fax 786 621-1843