Ordinance 2020-4342 MXE Hotel Unit Size For Ground Floor Additions
ORDINANCE NO. 2020-4342
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," DIVISION 13,
ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT,"AT
SECTION 142-545, ENTITLED "DEVELOPMENT
REGULATIONS," TO MODIFY THE UNIT SIZE REQUIREMENTS
FOR NEW HOTEL UNITS IN GROUND FLOOR ADDITIONS TO
CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety, and general welfare of its citizens; and
WHEREAS, City staff have determined that variances are routinely obtained from the
minimum unit size requirements for hotel additions to contributing structures in historic districts;
and
WHEREAS, the approval of such variances has no negative impact on surrounding areas;
and
WHEREAS, the City has determined that amendments to the land development
regulations to reduce the need for such variances are warranted; 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, entitled "Zoning Districts and Regulations," Article II, entitled "District
Regulations," at Division 13, entitled "MXE Mixed Use Entertainment District," is hereby amended
as follows:
CHAPTER 142 -ZONING DISTRICTS AND REGULATIONS
ARTICLE II. - DISTRICT REGULATIONS
* * *
DIVISION 13. -MXE Mixed Use Entertainment District
* * *
Page 1 of 3
Sec. 142-545. - Development regulations.
The development regulations in the MXE mixed use entertainment district are as follows:
Minimum Minimum Minimum Average
Maximum Maximum
Lot Area Lot
Floor Building Height
(Square Width Unit Size Unit Size
Area Ratio (Feet)
Feet) (Feet) (Square Feet) (Square Feet)
Existing structures:
Apartment units-
400
Non-elderly and
elderly low and
moderate income
housing-400 Architectural district:
Workforce Oceanfront-150
housing-400 Non-oceanfront—
50(except as provided in
Hotel units—in a
local historic. Existing section 142-1161)
All other areas-75 (except
district/site-200 structures:
as provided in section 142-
All uses-2.0 Otherwise: Apartment
Except 15%:300-335 units-550 1161)
Notwithstanding the
convention 85%: 335+ Hotel units—
hotel New construction: N/A above,the design review
N/A N/A board or historic
development Apartment units— New
(as set forth in 550 construction: preservation board, in
section 142- Hotel units: Apartment accordance with the
841)-3.5 15%: 300-335 units-800 applicable review criteria,
85%:335+. Hotel units—
may allow up to an
N/A additional five feet of
Hotel units within height, as measured from
rooftop additions the base flood elevation
or within ground plus maximum freeboard,
level additions to to the top of the second
contributing floor slab.
structures in a
historic district
and individually
designated
historic buildings—
200.
Page 2 of 3
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 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 04 3' day of Joh? , 2020.
Dan Gelber, Mayor
ATTEST:
7if ? t
Rafael . Granado, City jerk
APPROVED AS TO FORM
'It('OFFr,rr,�Y;EI� AND LANGUAGE
`= ND FOR EXECUTION
,�-- '" _2-b
City Attorney Date
First Reading: January 15, 2020. p 1�
Second Reading: ruary 12 020/
Iv
Verified By:
Thomas R. oney, A/P
Planning Director
T:Wgenda12020\01 January\Planning\MXE Hotel unit size for ground floor additions-First Reading ORD.docx
Page 3 of 3
Ordinances- R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 24,2020
9:20 a.m. Second Reading Public Hearing
SUBJECT:MXE HOTEL UNIT SIZE FOR GROUND FLOOR ADDITIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS,"
DIVISION 13, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT,"
AT SECTION 142-545, ENTITLED "DEVELOPMENT REGULATIONS," TO
MODIFY THE UNIT SIZE REQUIREMENTS FOR NEW HOTEL UNITS IN
GROUND FLOOR ADDITIONS TO CONTRIBUTING STRUCTURES IN
HISTORIC DISTRICTS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On June 5, 2019, at the request of former Commissioner John Elizabeth Aleman, the City
Commission referred the subject item to the Land Use and Development Committee (LUDC)
for discussion(item C4P).
On July 24, 2019 the LUDC discussed the proposal and recommended that the City
Commission refer the attached draft ordinance to the Planning Board for consideration.
Additionally, Commissioner RickyArriola agreed to co-sponsor the proposed ordinance.
On September 11, 2019 the City Commission referred the item to the Planning Board for
review and recommendation (item C4 V).
ANALYSIS
PLANNING ANALYSIS
Currently, existing hotel buildings within the MXE district are permitted to have rooms with a
minimum unit size of 200 square feet,which is consistent with the layout and interior partitions of
historic buildings. On October 30, 2019, the City Commission adopted an ordinance related to
common variance requests, which allowed the construction of roof-top additions to existing
Page 652 of 2046
contributing buildings in the MXE district with a minimum unit size of 200 square feet. However,
new construction of hotel units in a ground level addition (whether attached or detached), must
still meet the minimum hotel unit size of 300-335 square feet.
The minimum hotel unit size regulations for new construction within the MXE zoning district,
which were adopted in 1989, mandate a larger unit size that appeals to a certain type of traveler.
In today's evolving travelling platforms, more diversity and flexibility in unit sizes is sought, due to
the changing nature of leisure and business travel.
In order to provide more flexibility for infill hotel projects in the MXE district, the attached
ordinance amends chapter 142,Article I I, division 13 of the LDR's in a manner that is consistent
with what is currently permitted within existing structures in the MXE district. Additionally, the
proposal herein, while a reduction in the minimum hotel unit size permitted, would not prevent
developments that propose larger hotel room sizes. In this regard, the proposed modification
would allow property owners more flexibility regarding the type of hotel unit being provided.
PLANNING BOARD REVIEW
On November 19, 2019, the Planning Board held a public hearing and transmitted the subject
ordinance to the City Commission with a favorable recommendation by a vote of seven to zero
(7-0).
UPDATE
The subject ordinance came before the City Commission on January 15, 2020 and was
deferred to February 12, 2020, due to the length of the agenda. On February 12, 2020 the City
Commission approved the subject ordinance at first reading with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arcola
ATTACHMENTS:
Description
o Form Approved ORD
Page 653 of 2046
RESOLUTION NO. 2020-31297"
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A PUBLIC SCHOOL CONCURRENCY
PROPORTIONATE SHARE MITIGATION DEVELOPMENT AGREEMENT
("AGREEMENT"), ATTACHED HERETO AS "EXHIBIT 1", BETWEEN THE
CITY OF MIAMI BEACH ("CITY"), MIAMI-DADE COUNTY SCHOOL BOARD
(THE "SCHOOL BOARD") AND NORTH BEACH TOWN CENTER
DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY
AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA
("PROPERTY OWNER"), THE OWNER OF REAL PROPERTY LOCATED AT
6948-6988 ABBOTT AVENUE & 6957-6965 BYRON AVENUE, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" (THE "PROPERTY"); WHICH
AGREEMENT PROVIDES FOR THE PAYMENT OF MITIGATION TOWARD
SCHOOL BOARD CONCURRENCY BY PROPERTY OWNER TO THE SCHOOL
BOARD, ASSOCIATED WITH PROPERTY OWNER'S APPLICATION TO
CONSTRUCT MULTIFAMILY RESIDENTIAL UNITS ON THE PROPERTY;AND
WHICH AGREEMENT IS CONSISTENT WITH THE REQUIREMENTS OF THE
AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE
SCHOOL BOARD AND THE CITY, DATED DECEMBER 12, 2007 ("ILA").
WHEREAS, on February 13, 2008, and pursuant to Resolution No. 2008-26762, the
Mayor and City Commission approved and authorized the Mayor to execute that certain Amended
and Restated Interlocal Agreement, between the City and the Miami-Dade County School Board
(the "School Board"), for Public School Facility Planning in Miami-Dade County, to implement
public school concurrency and to coordinate the approval of residential development with the
provision of adequate public school facilities ("ILA");and
WHEREAS, during review of an application for new construction, the City requires all
applicants to comply with applicable school concurrency requirements associated with the project,
in order to ensure the intent of the ILA is adhered to by all developers and to ensure sufficient and
proper educational facilities are provided for the City's residents and children; and
WHEREAS, North Beach Town Center Development, LLC, a Delaware limited liability
company authorized to transact business in the State of Florida ("Property Owner"), is the owner
of real property located at 6948-6988 Abbott Avenue and 6957-6965 Byron Avenue in the City of
Miami Beach, as more particularly described on Exhibit "A" (the "Property"); and
WHEREAS, the Property Owner is seeking Design Review Board approval (File No. DRB
19-0424)and Conditional Use Approval from the Planning Board (File No. PB 19-0303)to develop
the Property with 170 multifamily residential dwelling units (the "Project"); and
WHEREAS, pursuant to the ILA, the Property Owner is required to mitigate its impacts
to senior high schools in order to be able to proceed with the development. In order to mitigate
the Project's impact, a Proportionate Share Mitigation Agreement (the "Agreement", attached
hereto) is required; and
WHEREAS, the ILA requires that the School Board, the City, and the Property Owner
execute the Agreement; and
Page 1 of 2
WHEREAS, as required by the ILA, the parties agree that the Property Owner has
selected, as its proportionate share mitigation option, the purchase of three (3) banked seats
("Monetary Proportionate Share Mitigation") from Mitigation Bank #2016-004; and the Parties
further agree that the Property Owner shall pay the Monetary Proportionate Share Mitigation
funds; and
WHEREAS, Public School Concurrency shall be satisfied by the Property Owner's
execution and compliance with the attached Agreement, which, Agreement ensures the
Property Owner shall provide mitigation proportionate to the demand for public school facilities
to be created by these new residential dwelling units; and
WHEREAS, the Property Owner shall be required to comply with the Proportionate Share
Mitigation requirements of the ILA; and
WHEREAS, the Administration recommends authorizing the attached Agreement, in
order to ensure compliance with the City's ILA with the School Board, and ensure that the
Property Owner complies with school concurrency requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission approve and
authorize the City Manager to execute a Public School Concurrency Proportionate Share
Mitigation Development Agreement ("Agreement"), attached hereto as "Exhibit 1", between the
City, the School Board, and Property Owner, the owner of real property located at 6948-6988
Abbott Avenue and 6957-6965 Byron Avenue, as more particularly described in Exhibit "A" (the
"Property"); which Agreement provides for the payment of mitigation toward School Board
concurrency by Property Owner, associated with Property Owner's application to construct
multifamily residential units on the Property; and which Agreement is consistent with the
requirements of the amended and restated Interlocal Agreement Between M-DCSB and the
City, dated December 12,2007.
PASSED AND ADOPTED this 214 day of �`n" , 2020.
ATTEST:
2ES2c..)
Raf el Gra do, it Clerk Dan Gelber, Mayor
AP' 'ON/ 1:•!' A: TO FORM AND
AN • AWE ND FOR EXECUTION
•
611/a49.20
Ci Attorney l ate
Page 2 of 2
Resolutions-C7 K
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 24, 2020
SUBJECT:PUBLIC SCHOOL CONCURRENCY MITIGATION AGREEMENT — NORTH
BEACH TOWN CENTER DEVELOPMENT, LLC.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A PUBLIC SCHOOL CONCURRENCY
PROPORTIONATE SHARE MITIGATION DEVELOPMENT AGREEMENT
("AGREEMENT"), ATTACHED HERETO AS "EXHIBIT 1", BETWEEN THE
CITY OF MIAMI BEACH ("CITY"), MIAMI-DADE COUNTY SCHOOL BOARD
(M-DCSB) AND THE FOLLOWING PROPERTY OWNER: NORTH BEACH
TOWN CENTER DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF
FLORIDA, THE FEE SIMPLE OWNER OF THAT CERTAIN TRACT OF
LAND (CONSISTING OF FOLIO #0101070101110) LOCATED IN THE CITY
OF MIAMI BEACH, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT
"A" (the "Property"), (HEREINAFTER THE "PROPERTY"); WHICH
AGREEMENT PROVIDES FOR THE PAYMENT OF MITIGATION TOWARD
SCHOOL BOARD CONCURRENCY BY PROPERTY OWNERS TO M-DCS
DUE TO THE PROPERTY OWNER'S APPLICATION TO CONSTRUCT
MULTIFAMILY RESIDENTIAL UNITS ON THE PROPERTY; AND WHICH
AGREEMENT IS CONSISTENT WITH THE REQUIREMENTS OF THE
AMENDED AND RESTATED INTERLOCAL AGREEMENT (ILA) BETWEEN
M-DCSB AND THE CITY, DATED DECEMBER 12, 2007.
RECOMMENDATION
The Administration recommends that the City Commission approve the Resolution.
BACKGROUND/HISTORY
In 2005, the Florida Legislature amended Chapters 163 and 1063, Florida Statutes, requiring
school boards and local jurisdictions to adopt public school elements in their comprehensive
plans and implement school concurrency.
On February 13, 2008, the City Commission approved Resolution No. 2008-26762, which
authorized the City to enter into an Inter-local Agreement (ILA) in order to implement public
school concurrency and to coordinate the approval of residential development with the provision
Page 372 of 2046
of adequate public school facilities.
ANALYSIS
The property owner/applicant, North Beach Town Center Development, LLC is seeking
approval from the Design Review Board (DRB 19-0407) and Planning Board (PB19-0303) to
develop the tract of land (consisting of folio#0101070101110), as more particularly described
on EX HI BIT"A".,with 170 multifamily residential dwelling units.
Upon performing a concurrency review for the proposed development, Miami-Dade County
Public Schools (MDC PS)determined that the required pubic school level of service would not
be met, pursuant to the following findings:
1)Adequate school facility capacity is not available for three of the senior high school students
anticipated to be generated by the proposed residential dwelling units, at the level of service
standard within the applicable Concurrency Service Area.
2) The needed school facility capacity for the applicable concurrency service area is not
available in any contiguous concurrency service areas within the same geographic area.
3)Available school facility capacity will not be in place or under actual construction within three
years after the approval of the development proposal.
Pursuant to the ILA, the property owners are required to mitigate their impacts to senior high
schools in order to be able to proceed with the development. In order to mitigate the impact, a
proportionate share mitigation agreement will be required. The ILA requires that the School
Board,the City,and the applicant approve the agreement.
As required by the ILA, the Parties agree that the Applicant has selected as its Proportionate
Share
Mitigation option, the purchase of three (3) banked seats ("Monetary Proportionate Share
Mitigation") from Mitigation Bank #2016-004; and the Parties further agree that the Applicant
shall pay the monetary proportionate share mitigation funds.
CONCLUSION
The Administration recommends that the City Commission approve the Resolution.
Applicable Area
North Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Planning
Page 373 of 2046