2017-4135 OrdinanceBELLE ISLE — COMP PLAN AMENDMENT
ORDINANCE NO. 2017 -4135
AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025
COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED "FUTURE
LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT
REGULATIONS," AT POLICY 1.2, "LOW DENSITY MULTI FAMILY
RESIDENTIAL CATEGORY (RM -1)," TO MODIFY THE ALLOWABLE USES
TO ALLOW FOR NON- CONFORMING HOTEL USES IN NON - CONFORMING
BUILDINGS ON THE NORTH SIDE OF BELLE ISLE; AND "OBJECTIVE 7:
INCONSISTENT USES," AT POLICY 7.1, EXPANSION OR REPLACEMENT
OF LAND USES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE
PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, certain uses on the north side of Belle Isle became legal non - conforming
uses through the passage of Ordinance 93 -2854, which rezoned the area from RM -2 to RM -1;
and
WHEREAS, a revision to the Comprehensive Plan would allow for the renovation of
those non - conforming structures, and allow for a decrease in their level of non - conformity; and
WHEREAS, the revision to the Comprehensive Plan will not increase the non-
conforming uses within the area; and
WHEREAS, over the years the City has been negatively impacted by sea level rise; and
WHEREAS, the City promotes the renovation of structures to improve conditions of
structures, which will reduce the impacts of sea level rise; and
WHEREAS, Belle Isle has also experienced increased traffic over the years, and has
faced traffic congestion and decreased pedestrianism as a result of the area traffic, and
vehicular traffic entering and leaving the City; and
WHEREAS, the traffic conditions have impacted the residents' quality of life and have
resulted in the diminished general conditions of the neighborhood; and
WHEREAS, the City is desirous of improving the vehicular traffic on Belle Isle and the
surrounding neighborhoods and improve the pedestrian environment of the neighborhoods; and
WHEREAS, the City desires to encourage and incentivize area property owners to
reduce the non- conformity of structures and to improve resiliency of structures in light of the
effects of sea level rise; 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. The following amendments to the City's 2025 Comprehensive Plan Future Land
Use Element are hereby adopted:
CHAPTER 1
FUTURE LAND USE ELEMENT
OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS
Policy 1.2
The land development regulations which implement this Comprehensive Plan shall, at a
minimum, be based on and be consistent with s. 163.3202, F.S., and shall further be based on
the following standards for and use category, land use intensity and land use:
Low Density Multi Family Residential Category (RM -1)
Purpose: To provide development opportunities for and to enhance the desirability and quality of
existing and /or new low density multi family residential areas.
Uses which may be permitted: Single family detached dwellings; single family attached
dwellings, townhouse dwellings and multiple family dwellings, and hotels for properties fronting
Harding Avenue or Collins Avenue from the City Line on the north to 73rd Street on the.
Non - conforming buildings containing nonconforming hotel uses, located on the north side of
Belle Isle, and not within a local historic district, may be reconstructed to a maximum of 50% of
the floor area of the existing building, provided that the uses contained within the hotel are not
expanded in any way, including but not limited to, the number of hotel units and accessory food
and beverage uses, the nonconformity of the building is lessened, and required parking for the
reconstruction is satisfied within the property, resulting in an improved traffic circulation in the
surrounding neighborhoods with a minimum reduction of 50% of the daily trips on adjacent, two -
lane, arterial roadways, and improving the resiliency of the building.
Bed and breakfast inns are permitted in RM -1 only in the Flamingo Park Historic District and the
West Avenue Bay Front Overlay District, both of which are described in the Land Development
Regulations. Residential office and suite hotel uses are permitted in the West Avenue Bay Front
Overlay District only,
Other uses which may be permitted are accessory uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to go through
a public hearing process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
Density Limits: 60 dwellings units per acre.
Intensity Limits: Intensity may be limited by such set back, height, floor area ratio and /or other
restrictions as the City Commission acting in a legislative capacity determines can effectuate the
purpose of this land use category and otherwise implement complementary public policy.
However, in no case shall the intensity exceed a floor area ratio of 1.25, except for the following:
• the west side of Collins Avenue between 76th and 79th Streets shall not exceed a floor
area ratio of 1.4; and
• Public and private institutions on a lot area equal to or less than 15,000 sq. ft shall not
exceed a floor area ratio of 1.25, or for a lot area greater than 15,000 sq. ft. the floor
area ratio shall not exceed 1.4
AND
OBJECTIVE 7: INCONSISTENT USES
Policy 7.1
Expansion or replacement of land uses, which are incompatible with the Future Land Use Plan,
shall be prohibited, unless otherwise specified within a future land use category or designation,
and enforced through zoning decisions.
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the Comprehensive
Plan, and it is hereby ordained that the sections of this Ordinance may be renumbered or re-
lettered to accomplish such intention; and that the word `ordinance" may be changed to
"section" or other appropriate word. The Exhibits to this Ordinance shall not be codified, but
shall be kept on file with this Ordinance in the City Clerk's Office.
SECTION 5. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the appropriate state,
regional and county agencies as required by applicable law.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect 31 days after the state land planning agency notifies the City
that the plan amendment package is complete pursuant to Section 163.3184(3), Florida
Statutes.
PASSED AND ADOPTED this a5 day of .Sep+Ck4be(2017.
ATTEST:
16 q f
R 1fael' nado, City Clerk
First Reading/Transmittal: June 7, 2017
Second Reading /Adoption: Septemser
Verified By:
Mayor P
Thomas R. Mooney
Planning Director
Underline = new language
Strikethrough deleted language
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
T:WGENDA \2017 \9 - September \Planning \Belle Isle Comp Plan Amendment - Second Reading ORD.docx
Dame
A/JAM
BEACH
Ordinances - R5 V
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
5:12 p.m. Second Reading Public Hearing
SUBJECT: BELLE ISLE - COMPREHENSIVE PLAN AMENDMENTS:
AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025
COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED "FUTURE
LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS,"
AT POLICY 1.2, "LOW DENSITY MULTI FAMILY RESIDENTIAL CATEGORY (RM-
1)," TO MODIFY THE ALLOWABLE USES TO ALLOW FOR NON- CONFORMING
HOTEL USES IN NON - CONFORMING BUILDINGS ON THE NORTH SIDE OF
BELLE ISLE; AND "OBJECTIVE 7: INCONSISTENT USES," AT POLICY 7.1,
EXPANSION OR REPLACEMENT OF LAND USES; PROVIDING FOR INCLUSION
IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On December 14, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred
this item to the Land Use and Development Committee (Item C4M). On January 18, 2017, the Land
Use Committee discussed the item and recommended that the City Commission refer the attached
draft ordinance and comprehensive plan amendments to the Planning Board for consideration.
On March 1, 2017, the City Commission referred this item to the Planning Board (Item C4 D).
PLANNING ANALYSIS
The north side of Belle Isle is zoned RM -1, Residential Multi - Family, Low Intensity. Hotel uses are
prohibited in this RM -1 district. However, the Standard Hotel, which is located on the north side of
Belle Isle, is a pre - existing hotel use, which became legal non - conforming when the north side of
Belle Isle was downzoned from RM -2 to RM -1 in the late 1990's.
Under Section 118 -395 of the City Code, a legal non - conforming use must cease if the renovations
to the building exceed the 50% rule. In most instances, this limits the ability of a property owner to be
able to substantially improve their property, if the use is legal non - conforming. The proposed
amendments to the Comprehensive Plan and the Land Development Regulations (attached) would
create the ability for certain hotel uses that are legal non - conforming to exceed the 50% renovation
threshold. Additionally, it would require that the non- conformity of the building containing non-
conforming uses be lessened by ensuring that required parking be provided on -site and that the
Page 1121 of 2353
resiliency of the building be improved.
PLANNING BOARD REVIEW
On May 23, 2017, the Planning Board transmitted the proposed Comprehensive Plan and Land
Development Regulations Ordinance Amendment to the City Commission, with a favorable
recommendation.
UPDATE
The subject Comprehensive Plan Amendment and companion LDR amendment were approved by
the City Commission on June 7, 2017. The Comprehensive Plan Amendment has been transmitted
to the State for review and comments. Although no comments or concerns have been raised by any
of the applicable regulatory agencies, the required 30 day review occurred after July 26, 2017.
All required comments from the applicable review agencies are expected prior to September 13,
2017. The Administration does not anticipate any negative comments or responses from the
applicable review agencies.
CONCLUSION
The Administration recommends that the City Commission adopt the Comprehensive Plan
Amendment Ordinance.
Legislative Tracking
Planning
Sponsor
Vice -Mayor Ricky Arriola
ATTACHMENTS:
Description
a Belle Isle Comp Plan - FA ORDINANCE
a Ad
Page 1122 of 2353
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