Ordinance 2019-4237 CD-2 MINIMUM HOTEL UNIT SIZE - FORMER HD ZONE
ORDINANCE NO. 2019-4237
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
142 OF THE CITY CODE, ENTITLED, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE II "DISTRICT REGULATIONS,"
DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY,"
SECTION 142-306, ENTITLED "DEVELOPMENT REGULATIONS,"
TO ESTABLISH A MINIMUM HOTEL UNIT SIZE OF 250 SQUARE
FEET FOR PROPERTY FORMERLY ZONED HD THAT DOES NOT
EXCEED 25,000 SQUARE FEET; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the number of properties zoned HD that do not exceed 25,000
square feet in size is limited; and
WHEREAS, the existing HD-zoned property that does not exceed 25,000 square
feet in size is located in close proximity to the Washington Avenue corridor; and
WHEREAS, Section 142-309 of the City Code provides for minimum hotel unit
sizes of 175 feet within the Washington Avenue corridor; and
WHEREAS, the City seeks to allow for adaptive reuse of existing structures; and
WHEREAS, the City has determined that the adaptive reuse of HD-zoned
properties that do not exceed 25,000 square feet in size will ensure that new
redevelopment and renovation of existing structures are compatible and in scale with the
built environment, and is in the best interest of the City; 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 of the City Code, "Zoning Districts and Regulations,"Article II,
"District Regulations," Division 5, "CD-2 Commercial, Medium Intensity District," is
hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 5. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
Sec. 142-306. - Development regulations.
The development regulations in the CD-2 commercial, medium intensity district are
as follows:
Maximu Minimum Minimum Minimum Average Maximum
m Floor Lot Area Lot Width Apartment Apartment Building
Area (Square Feet) (Feet) Unit Size Unit Size Height
Ratio (Square Feet) (Square Feet) (Feet)
Commercial 50 (except as
—N/A provided in
New section 142-
construction 1161).
—550 Notwithstandin
Rehabilitated g the above,
buildings— the design
400 review board or
Non-elderly Commercial historic
and elderly preservation
low and —N/A board, in
New
moderate construction
accordance
income -800 with the
housing-400 applicable
Workforce Rehabilitated review criteria,
buildings—
housing-400 may allow up to
Commercial Commercial Hotel unit: 550 an additional
1.5 —None —None 15%: 300— Non-elderly five feet of
Residential— Residential— 335 and elderly height, as
7,000 50 85%: 335+ low and measured from
For moderate the base flood
contributing income elevation plus
hotel housing-400 maximum
structures, Workforce freeboard, to
located within housing-400 the top of the
an individual HoteN/flits— second floor
historic site, a slab. This
local historic provision shall
district or a not apply to
national existing historic
register districts or
district, which existing overlay
are being districts
renovated in (existing as of
accordance 7/26/2017), or
with the commercial
Secretary of buildings
the Interior immediately
Standards adjacent to
and residential
Guidelines for district not
the separated by a
Rehabilitation street.
of Historic However, an
Structures as applicant may
amended, seek approval
retaining the from the
existing room historic
configuration preservation
shall be board or design
permitted, review board,
provided all as may be
rooms are a applicable, to
minimum of increase height
200 square in accordance
feet. with the
Additionally, foregoing within
existing room any historic
configurations district or
for the above overlay district
described created after
hotel 7/26/2017
structures Self-storage
may be warehouse -40
modified to feet, except
address that the
applicable building height
life-safety and shall be limited
accessibility to 25 feet within
regulations, 50 feet from the
provided the rear property
200 square line for lots
feet minimum abutting an
unit size is alley; and
maintained, within 60 feet
and provided from a
the maximum residential
occupancy district for
per hotel blocks with no
room does alley
not exceed 4
persons. In
addition, the
minimum
hotel unit size
for a property
formerly
zoned HD is
250 square
feet, provided
that the
property does
not exceed
25,000
square feet
as of March
23, 2019.
Mixed-use and
commercial
buildings that
include
structured
parking for
properties on
the west side of
Alton Road
from 6th Street
to Collins Canal
- 60 feet.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
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 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 /3 day of F‘rtr�er , 2019.
ATTEST:
Dan Gelber, Mayor
4 Z Z‘ l „,,_B
Rafael E. Granado, ity Clerk "---,-t._\-4..............: 1(---,4 ,,,,
- d”` .x. vAPPROVED AS TO
First Reading: January 16, 2019 --=Z.-/ ..•,--,).‘4;;:.,:,..-�' '' et RM & LANGUAGE
Second Reading: February13, 2019 "
� •-------, : � :. FOR EXECUTION
I0 ; � :II;CORE ORATED= d �7. .c 0
Verified by: vf, �'--� .. , ity Attorney Date
v
Th:mas R. Moone AICP 3 '- '�'�'• � � il
iC
Planning Director ' LL .i=.;
(Sponsored by Vice-Mayor Michael Gongora)
T:\AGENDA\2019\01 January\Planning\550 9th Street HD to CD2-LDR Amendment Hotel Unit Size-First Reading ORD.docx
Ordinances - R5 C
IAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 13, 2019
10:10 a.m. Second Reading Public Hearing
SUBJECT: CD-2 MINIMUM HOTEL UNIT SIZE - FORMER HD ZONE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CITY
CODE, ENTITLED, "ZONING DISTRICTS AND REGULATIONS", ARTICLE
II "DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL, MEDIUM
INTENSITY," SECTION 142-306, ENTITLED "DEVELOPMENT
REGULATIONS," TO ESTABLISH A MINIMUM HOTEL UNIT SIZE OF 250
SQUARE FEET FOR PROPERTY FORMERLY ZONED HD THAT DOES NOT
EXCEED 25,000 SQUARE FEET; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION;AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY/ BACKGROUND
On October 17, 2018, at the request of the Commissioner Michael Gongora, the City
Commission referred the proposed ordinance to the Land Use and Development Committee
and Planning Board (Item C4 C).
On November 28, 2018, the Land Use and Development Committee recommended that the
proposed ordinance be approved.
PLANNING ANALYSIS
The proposed amendment allows for properties under 25,000 SF, which are zoned CD-2 and
that were previously zoned HD, to have a minimum hotel unit size of 250 SF. The current
minimum unit size requirements specify that 15% of hotel rooms have a minimum size of 300
SF to 335 SF and that the remaining 85% have a minimum size of 335 SF.
The proposal would be applicable to the parcel located at 550 9th Street, for which there is a
companion Future Land Use Amendment and Zoning Map Amendment under consideration.
The site contains a building which has previously been used a rehabilitation center under HD
zoning. The proposal incentivizes the reuse of that structure as a hotel, which is more
compatible with the surrounding neighborhood that already contains several hotels.
Page 440 of 911
The proposal is also is consistent with the requirement for contributing buildings in local historic
districts, which are allowed to maintain non-conforming hotel room sizes of 200 SF, and with the
Washington Avenue Zoning Incentives, which allow for micro-hotel units of 175 SF, provided
certain conditions are met.
PLANNING BOARD REVIEW
On December 18, 2018, the Planning Board held a public hearing regarding the proposed
Rezoning and transmitted the Ordinance to the City Commission with a favorable
recommendation by a vote of seven to zero (7-0).
UPDATE
The subject Ordinance was approved at First Reading on January 16, 2019,with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Vice-Mayor Michael Gongora
ATTACHMENTS:
Description
❑ Form Approved Ordinance- Former HD Hotel Units Size
Page 441 of 911