Ordinance 2019-4313 RM-2 Conditional Uses
For Bayfront Apartments In The West Avenue Overlay District
ORDINANCE NO. 2019-4313
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND
DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF
THE CITY CODE, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS,"
DIVISION 3, ENTITLED "RESIDENTIAL MULTIFAMILY DISTRICTS,"
SUBDIVISION IV, ENTITLED "RM-2 RESIDENTIAL MULTIFAMILY,
•
MEDIUM INTENSITY," SECTION 142-213, ENTITLED "CONDITIONAL
USES,"TO EXPAND THE CONDITIONAL USES TO INCLUDE CERTAIN
TYPES OF NON-MEDICAL OFFICE AND PERSONAL SERVICE USES
FOR BAYFRONT APARTMENT BUILDINGS IN THE WEST AVENUE
OVERLAY DISTRICT; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for accessory office uses in the RM-
2 District; and
WHEREAS, the City of Miami Beach ("City") desires to provide for certain types of
non-medical offices and personal service uses as accessory uses within bayfront
apartment buildings in the West Avenue Bayfront Overlay District; and
WHEREAS, this Ordinance amends the conditional use requirements for bayfront
apartment buildings located in the RM-2 district; 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. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision
IV, "RM-2 Residential Multifamily, Medium Intensity," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 3. — RESIDENTIAL MULTIFAMILY DISTRICTS
* * *
Subdivision IV. — RM-2 Residential Multifamily, Medium Intensity
* * *
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Sec. 142-213. —Conditional uses
(a) The conditional uses in the RM2 residential multifamily, medium intensity district are
as follows:
(1) day care facility;
al stand-alone religious institutions;
(3) private and public institutions;
schools;
,(5], commercial or noncommercial parking lots and garages; and
accessory neighborhood impact establishment; as set forth in article V,
i division 6 of this chapter..
(b) Museum Historic Preservation District. In addition to the conditional uses specified in
subsection 142-213(a), existing religious institutions located on properties in the
Museum Historic Preservation District, which contain a contributing structure, may
obtain conditional use approval for a separate hall for hire use within the interior of
the existing religious institution. Any such hall for hire use shall comply with the
following additional regulations:
(1) Entertainment may only be permitted in the hall for hire;
(2) The hall for hire use shall cease operations by 11:00 p.m. on Sunday through
Thursday, and by 12:00 a.m. on Friday and Saturday;
(3) Only the property owner, its subsidiaries, and its invited guests may hold events
at the hall for hire;
(4) Restaurants, stand-alone bars, and alcoholic beverage establishments, shall be
prohibited;
(5) Outdoor dining, outdoor entertainment, open-air entertainment uses, outdoor
speakers and outdoor music shall be prohibited;
(6) There shall be no variances from the provisions of subsection 142-213(b).
(c) West Avenue Bayfront Overlay District. In addition to the conditional uses specified
in subsection 142-213(a), the conditional uses within the West Avenue Bayfront
Overlay District shall include the following: non-medical offices and personal service
uses, either of which may only be located on the lobby level of bayfront apartment
buildings.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith 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
2
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 36 day of 0C-1°,6er✓ 2019.
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Dan Gelber
Mayor
A. . II I i• �? BE ".u.
RafaelEZ -nado ...........' Q ,
City Clerk '-',,,:c'� a �- �..."
8:_,:;-..-- i:, i APPROVED AS TO FORM
"7"' r:� AND LANGUAGE
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rOR EXECUTION
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v\,,i' .......•'•�� \_ `City Attorney Date
First Reading: October 16;101-9
Second Reading: Octob•-r 30, 20j 9
Verified By: t I
Thomas R"Mooney, Al 'P
Planning Director
T:\Agenda\2019\10 October 16\Planning\RM-2 Conditional Uses West Ave Overlay-First Reading ORD.docx
3
Ordinances - R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 30, 2019
5:01 p.m. Second Reading Public Hearing
SUBJECT: RM-2 CONDITIONAL USES FOR BAYFRONT APARTMENTS IN THE WEST
AVENUE OVERLAY DISTRICT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," DIVISION 3, ENTITLED
"RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION IV, ENTITLED
"RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-
21.3, ENTITLED "CONDITIONAL USES," TO EXPAND THE CONDITIONAL
USES TO INCLUDE CERTAIN TYPES OF NON-MEDICAL OFFICE AND
PERSONAL SERVICE USES FOR BAYFRONT APARTMENT BUILDINGS
IN THE WEST AVENUE OVERLAY DISTRICT; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
HISTORY
A previous proposal to expand allowable accessory uses within bayfront apartment buildings in
the RM-2 district was considered by the City Commission in 2014 but did not move forward.
This proposal would have allowed non-medical, low intensity offices, such as architect offices,
accountant offices, attorney offices and real estate offices, to be permitted as a Conditional
Use within the lobby level of bay front apartment buildings.
On July 17, 2019, at the request of Commissioner Joy Malakoff, the City Commission referred
the draft Ordinance to both the Land Use and Development Committee (LUDC) and the
Planning Board (Item C4 X). The LUDC reviewed the draft Ordinance on September 18, 2019
and recommended approval.
PLANNING ANALYSIS
In the RM-2,Zoning District, apartment uses have limited permitted accessory uses. Pursuant to
Page 287 of 849
Section 142-902 of the City Code, the following are permitted accessory uses for apartment
uses in the RM-2 district:
• Mechanical support equipment and administrative offices and uses that maintain the operation
of the building.
• Washers and dryers shall be located inside a structure or not visible from a right-of-way.
• A dining room which is operated solely for the residents in the building shall be located inside
the building and shall not be visible from the street with no exterior signs, entrances or exits
except for those required by the South Florida Building Code. However, a dining room shall not
be allowed in the RM-1 district except for those dining rooms associated with adult congregate
living facilities.
• Solarium, sauna, exercise studio, health club or massage service for use by residents or open
to the public by an individual licensed by the state or other appropriate agencies.
• Family day care centers as defined in subsection 142-905(b)(1)of the City Code.
• One property management office for the purpose of managing residential units within the
building as well as residential units located in other buildings under common beneficial
ownership, as long as the total number of units does not exceed a maximum of 100 units.
The attached draft ordinance would allow personal service establishment uses, in addition to
non-medical offices, as a conditional use within the lobby level of bay front apartment buildings
in the RM-2 areas of the West Avenue Overlay District. The darker shading of the attached
map outlines the subject area of the Ordinance, which includes the current RM-2 zoned bayfront
apartment buildings located within the West Avenue Overlay District (defined by the dark lined
border).
Staff believes that limited office and personal service uses on the ground floor of an apartment
building in the RM-2 zoning district would likely have a minimal impact upon the surrounding
residential neighborhood. The requirement for Conditional Use approval by the Planning Board
would provide an additional safeguard. The accessory office and personal service
establishment uses proposed, while slightly more intense than the main permitted apartment
use, will still be subject to Planning Board requirements for compatibility with the surrounding
neighborhood. Further, the personal services proposed are of similar intensity to the some of
the currently allowed accessory uses such as an exercise studio or health club.
Adequate parking, circulation and loading requirements would also be considered as part of the
Planning Board review for conditional use, as residential projects within the RM-2 district
typically have just enough parking for the actual residential units.
PLANNING BOARD REVIEW
On September 24, 2019, the Planning Board held a public hearing and transmitted the
ordinance to the City Commission with a favorable recommendation by a vote of 6-0.
UPDATE
The subject ordinance was approved at first reading on October 16, 2019, with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Page 288 of 849
Applicable Area
South Beach
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
Yes No
Legislative Tracking
Planning
• Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
❑ Map
❑ Ordinance
❑ Ad
Page 289 of 849
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Page 290 of 849
SNE I NEIGHBORS I SUNDAY MMMINERMD.COM;2019
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE
RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM
INTENSITY DISTRICT CONDITIONAL USES
FOR BAYFRONT APARTMENTS IN THE
WEST AVENUE OVERLAY DISTRICT
OCTOBER 30, 2019
NOTICE IS HEREBYgiven that the following Second Reading Public Hearing will be heard
by the Mayor and City Commissioners of the City of Miami Beach,Florida,In the Commission
Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
October 30,2019 at the time listed,or as soon thereafter as the matter can be heard:
5:01 p.m.Second Reading Public Hearing
RM-2 CONDITIONAL USES FOR BAYFRONT APARTMENTS IN THE WEST AVENUE
OVERLAY DISTRICT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH,FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH,SUBPART B,
ENTITLED"LAND DEVELOPMENT REGULATIONS,"BY AMENDING CHAPTER 142 OF
THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," DIVISION 3, ENTITLED "RESIDENTIAL
MULTIFAMILY DISTRICTS," SUBDIVISION IV, ENTITLED "RM-2 RESIDENTIAL
MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-213, ENTITLED "CONDITIONAL
USES,"TO EXPAND THE CONDITIONAL USES TO INCLUDE CERTAIN TYPES OF NON-
MEDICAL OFFICE AND PERSONAL SERVICE USES FOR BAYFRONT APARTMENT
BUILDINGS IN THE WEST AVENUE OVERLAY DISTRICT; AND PROVIDING FOR
REPEALER,CODIFICATION,SEVERABILITY,AND AN EFFECTIVE DATE.This Ordinance
is being heard pursuant to Section 118-164 of the City's Land Development Code.Inquiries
maybe 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 writing addressed to the City Commission, c/o the City
Clerk, 1700 Convention Center Drive, 1. Floor, City Hall, Miami Beach, Florida 33139.
A copy of this Item is available for public inspection during normal business hours in
the Office of the City Clerk, 1700 Convention Center Drive, 1. Floor, City Hall, Miami
Beach,Florida 33139.This meeting,or any Item herein,may be continued,and under such
circumstances,additional legal notice need not be provided.
Pursuant to Section 286.0105,Fla.Stat.,the Clty 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 option 6; TTY users may call via 711 (Florida Relay Service).
Rafael E. Granado, City Clerk
City of Miami Beach
Ad:103019-01
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