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Ordinance 99-3176 ORDINANCE NO. 99-3176 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 ENTITLED "GENERAL PROVISIONS", AMENDING SECTION 114-1 ENTITLED"DEFINITIONS"BY CREATING A DEFINITION FOR "HISTORIC DISTRICT SUITES ~HOTEL INN"; AMENDING CHAPTER 142 ENTITLED"ZONING DISTRICT REGULATIONS", SECTION 142-1105 ENTITLED "SUITES HOTELS" BY MODIFYING THE REGULATIONS TO INCLUDE PROVISIONS FOR HISTORIC INNS;PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS,the City of Miami Beach desires to foster the goals of historic preservation and preserve the unique and historic character of the City's Historic Districts; and WHEREAS,the City of Miami Beach desires to foster tourism in its Historic Districts; and WHEREAS, the City of Miami Beach deems it advisable to create land development regulations which will permit the creation of Historic Inns in the City's Historic Districts; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 114-1 entitled "Definitions" of Chapter 114 of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 114-1. Definitions. * * * Historic district suites heal inn means any contributing structure within a local historic district or any designated historic site Which existed as an apartment building as of arch 13,, 1999,and is 'Subsequently rehabilitated:to operate as a suites hotel pursuant to Sec. 142-1105 in a district where suite hotels are a main permitted use. * * * SECTION 2. That Section 142-1105 entitled"Suites Hotel" of Chapter 142 of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 142-1105. Suites hotel. When a hotel unit contains cooking facilities it shall be considered as a suite hotel unit and shall conform with the following: (1) The units shall only be permitted in new construction,in historic district suites hotels irnns that have been rehabilitated in general accordance with the U.S. Secretary of the Interior's standards for rehabilitation of historic buildings as determined by the Planning and Zoning Director, or in buildings which have been substantially rehabilitated or where the suites hotel units are part of a request for a building permit that will result in the building being substantially rehabilitated. • (2) Cooking facilities in units of less than 550 square feet shall be limited to one microwave oven and one five-cubic-foot refrigerator. Notwithstanding the forgoing,historic district suites hotels tm s may have full cooking facilities in units with a minimum of 400 square feet. (3) The building shall be maintained and operated as a hotel. (4) A minimum of 20 percent of the total gross area shall be maintained as common area, however this requirement shall not apply to historic district suites hotels inns. This provision shall not be waived or affected through the variance procedure. (5) The building shall contain a registration desk and a lobby. (6) The building shall have central air conditioning or flush-mounted wall units;however no air conditioning equipment may face a street, bay or ocean. (7) The building shall not have unenclosed exterior walkways that provide access to the units; however this requirement shall not apply to historic district suites hotels inns. (8) Should the facility convert from a suites hotel to a multifamily residential building, the minimum average unit size and all other zoning requirements for the underlying district shall be met. SECTION 4. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. 2 SECTION 5. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA It is the intention of the City Commission,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 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention;and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 6. SEVERABILITY. If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the 13th day of March , 1999. PASSED and ADOPTED this 3rd day of March 1999. IMATTEST: MAYOR CI VPAdt-4 Y CLERK F\PLAN TSPLBIDF.C'9lN5l374\1374ORD2 REV 1st reading 1/20/99 2nd reading 3/3/99 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Z 9 46(ety,setir- r►�Y paha 3 • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 h ttp:1\ci.m iam i-beach.fl.us COMMISSION MEMORANDUM NO. 1 g-C19 TO: Mayor Neisen O. Kasdin and DATE: March 3, 1999 Members of the City C i mission FROM: Sergio Rodriguez City Manager 1 SUBJECT: Second Re. s ing - An Ordinance of the Mayor and City Commission of the City of Miami Beach,Florida Amending the Code of the City of Miami Beach, Florida, Amending Chapter 114 Entitled "General Provisions", Amending Section 114-1 Entitled "Definitions" by Creating a Definition for "Historic District Suites Hotel"; Amending Chapter 142 Entitled "Zoning District Regulations", Section 142-1105 Entitled "Suites Hotels" by Modifying the Regulations to Include Provisions for Historic Inns; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed amending Ordinance. BACKGROUND At the City Commission meeting of March 18, 1998,the consideration of an amendment to the City Code which would extend the concept of bed 8 breakfast inns within the historic districts was referred to the Land Use and Development Committee at the request of Commissioner Nancy Liebman. At its meetings on April 13, 1998 and May 11, 1998, the Land Use and Development Committee discussed the matter. An amendment to the Land Development Regulations (LDR s) of the City Code to allow suite hotels in historic districts to be considered as Historic Inns was referred to the Planning Board by the Land Use and Development Committee at its May 11, 1998 meeting. Upon referral, Planning Department staff drafted the proposed amendment. At the December 15, 1998 Planning Board meeting, the Board voted 6-0 to recommend approval of the proposed ordinance, with a recommendation to staff to continue to examine the suites hotel regulations for further improvements. At its January 20, 1999 meeting,the City Commission voted 7-0 to approve the subject ordinance upon first reading. However, at its February 17, 1999 meeting, the Commission continued the matter to today's meeting in order to have the language of the ordinance further clarified as to the definition of Historic Inn. The revised version of the ordinance, changing the name to Historic District Suites Hotel, and clarifying that the subject properties must currently exist as apartment buildings including kitchens,is before the Commission today. AGENDA ITEM r\ E DATE 3-3-9 ci ANALYSIS The City Commission's Land Use and Development Committee proposed that a newly defined "Historic District Suites Hotel" should be considered as a type of suites hotel located within a local historic district. To that end, the proposed amending ordinance would define "Historic District Suites Hotel" as any contributing structure within a local historic district or any designated historic site,existing as of the effective date of the ordinance as an apartment building with kitchens,which is operated as a suites hotel. Currently, the Code only permits suites hotels in new or substantially rehabilitated buildings. Under the proposed amending ordinance,this requirement would not apply to historic inns. Rather, historic district suites hotels would be required to have been rehabilitated in general accordance with the U.S. Secretary of the Interior's standards for rehabilitation of historic buildings, as determined by the Planning and Zoning Director. This provision would allow for contributing buildings in historic districts to be converted into suites hotels while maintaining their existing character. The current suites hotel regulations require a minimum of 20 percent of the total gross area to be maintained as common area, and prohibit unenclosed exterior walkways that provide access to the units. The amending ordinance would waive these requirements for contributing buildings within historic districts. Furthermore,the amending ordinance would allow these historic inns to have full cooking facilities in units with a minimum of 400 square feet; the current regulations require a minimum of 550 square feet for full kitchens. It should be noted that an apartment building only requires a minimum of 400 square feet for units containing full cooking facilities. It is expected that the overall effect of the proposed amending ordinance would be to remove obstacles to the development of historic district suites hotels in zoning districts within the City which permit hotel development, and encourage such hotels to be created in rehabilitated contributing buildings within the City's local historic districts. CONCLUSION Regarding the proposed amendment which is before the Commission today, the creation of a classification of suites hotels defined as historic district suites hotels, and the modification of the suites hotel requirements to allow for the creation of historic district suites hotels, will serve to encourage this type of hotel development within the City. Based on the foregoing analysis, the Administration recommends that the Commission adopt, upon second reading public hearing, the proposed amending ordinance to Sections 114-1 and 142-1105 of the Land Development Regulations of the Code of the City of Miami Beach, Florida. 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