Ordinance 2020-4344 RM-2 Conditional Uses For 600 Block Of Washington Avenue
ORDINANCE NO. 2020-4344
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 MODIFY THE CONDITIONAL USE REGULATIONS FOR
PROPERTIES FRONTING THE WEST SIDE OF WASHINGTON
AVENUE BETWEEN 6TH STREET AND 7TH STREET; AND BY
AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTAL DISTRICT
REGULATIONS," DIVISION 2, ENTITLED "ACCESSORY USES,"
SECTION 142-902, ENTITLED "PERMITTED ACCESSORY USES," TO
CLARIFY THE PERMITTED ACCESSORY USES FOR HOTELS IN THE
RM-2 DISTRICT; AND PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY,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, recently, the City has undertaken a close study of the Washington
`Avenue corridor and the concerns raised by residents, property owners, and businesses;
and
WHEREAS, the City has analyzed various mechanisms to improve quality of life
and business activity within the area; and
WHEREAS, the City's Land Development Regulations ("LDRs") provide for the
regulation of land uses within the City; 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
* * *
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Subdivision IV. —RM-2 Residential Multifamily, Medium Intensity
Sec. 142-213.— Conditional uses
(a) The conditional uses in the RM.:2 residential multifamily, medium intensity district are
as follows:
(1) day care facility;
(2) stand-alone religious institutions;
(3) private and public institutions;
r
(4) schools;
(5) commercial or noncommercial parking lots and garages; and
(6) accessory neighborhood impact establishment;, as set forth in subsection
d below .
(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 hail 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 hail 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 hail 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.
Washington Avenue. In addition to the conditional uses specified in subsection 142-
213(a), and notwithstanding the provisions of subsection 142-215, the following
regulations shall apply to properties that front Washington Avenue between 6th Street
and 7th Street, including those properties between 6th Street and 7th Street that have
frontage on Pennsylvania Avenue:
(1) Restaurants, cafes and/or eating and drinking establishments, which include
entertainment, as an accessory use to a hotel shall require conditional use
approval. This may include establishments that gualifv as a neighborhood
impact establishment, subject to all applicable approvals under the
2
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neighborhood impact establishment requirements and provided that any
sound associated with outdoor entertainment shall be limited to a volume that
does not interfere with normal conversation (i.e. at an ambient level).
) Outdoor bar counters shall require conditional use approval. with hours of
Aeration to be determined by the?! 'rig Board_
SECTION 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
Article IV "Supplementary District Regulations," Division 2 "Accessory uses," is hereby
amended as follows:
CHAPTER 142—ZONING DISTRICTS AND REGULATIONS
ARTICLE IV.—SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 2.—ACCESSORY USES
* * *
Sec. 142-902.- Permitted accessory uses.
The following are permitted accessory uses:
(1) a. Hotels not located in the RM-1 or RM-2 district are permitted to have any
accessory use that is customarily associated with the operation of a hotel or
apartment building.
b. Hotels located in the RM-2 district are permitted to have any accessory use
that is customarily associated with the operation of a hotel or apartment
building, except for dance halls, entertainment establishments,
neighborhood impact establishments,outdoor entertainment establishments
or open air entertainment establishments, unless otherwise provided in the
RM-2 district regulations set forth in article II,division 3,subdivision IV of this
chapter.
* a *
SECTION 3. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. 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.
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SECTION 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this d y day of 141Y , 2020.
ATTEST:
Dan Gelber
Mayor
Ra ael E. Granado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
G . 1-- 71(7i-Lo
City Attorney 1, V_ Date
First Reading: February 12, 2020 1v
Second Reading: July 29, 2020
.41
Verified By: % iINCORP ORATED;
Thomas R. Mooney, AICP ��"
Planning Director 20;,,
T:\Agenda\2020107 July\Planning\RM-2 Conditional Uses 600 Block Wash Ave - SECOND Reading
ORD.docx
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Ordinances -R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29, 2020
9:10 a.m. Second Reading Public Hearing
SUBJECT:RM-2 CONDITIONAL USES FOR 600 BLOCK OF WASHINGTON AVENUE
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 MODIFY THE CONDITIONAL
USE REGULATIONS FOR PROPERTIES FRONTING THE WEST SIDE OF
WASHINGTON AVENUE BETWEEN 6TH STREET AND 7TH STREET; AND
BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTAL DISTRICT
REGULATIONS," DIVISION 2, ENTITLED "ACCESSORY USES," SECTION
142-902, ENTITLED "PERMITTED ACCESSORY USES," TO CLARIFY THE
PERMITTED ACCESSORY USES FOR HOTELS IN THE RM-2 DISTRICT;
AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,AND
AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On July 17, 2019, at the request of former Commissioner John Elizabeth Aleman, the City
Commission referred the draft Ordinance to both the Land Use and Development Committee
and the Planning Board (Item C4 Q). Commissioner Ricky Arriola co-sponsored the referral.
On July 24, 2019 the Land Use and Development Committee recommended approval of the
Ordinance.
On November 19, 2019 the Planning Board transmitted the Ordinance (PB19-0312)to the City
Commission with favorable recommendation. On February 12, 2020, City Commission
approved the ordinance at first reading.
On May 28, 2020, at the request of Commissioner Ricky Arriola, the City Commission re-
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referred the Item to the planning board to review an additional provision related to outdoor bars
as a conditional use.
ANALYSIS
PLANNING ANALYSIS
In the RM-2 Zoning District, hotels have limited permitted accessory uses. Pursuant to Section 142-
902(1)b. of the City Code, the following are permitted accessory uses for hotels in the RM-2 district:
Hotels located in the RM-2 district are permitted to have any accessory use that is customarily
associated with the operation of a hotel or apartment building, except for dance hails,
entertainment establishments, neighborhood impact establishments, outdoor entertainment
establishments or open air entertainment establishments, unless otherwise provided in the
RM-2 district regulations set forth in article Ii, division 3, subdivision IV of this chapter.
Entertainment establishments and neighborhood impact establishments are generally not permitted in
the RM-2 zoning districts. The exceptions to this include the Collins Park Overlay District which
allows outdoor entertainment as a Conditional Use subject to specific additional regulations, and the
Museum Historic Preservation District, which allow entertainment within a hall for hire use within
existing religious institutions.
This proposed Ordinance would add an exception to the prohibition on entertainment for properties
that front Washington Avenue or Pennsylvania Avenue between 6th and 7th Streets as follows:
(d) Washington Avenue. In addition to the conditional uses specified in subsection 142-213(a).
the following regulations shall apply to properties that front Washington Avenue between 6th
Street and 7th Street. including those properties between 6th and 7th Streets that may have
fron .geon Pennsylvania Avenue:
a). Restaurants, cafes and/or eating & drinking establishments, which include
entertainment. as an accessory use to a hotel. This may include establishments that
qualify as a neighborhood impact establishment.
The RM-2 designation shown on the attached map outlines the subject area of this Ordinance.
The Angler's hotel, which has proposed this Ordinance, is the only hotel within this portion of the
RM-2 zoning district which could currently take advantage of the proposed expanded uses through
the conditional use process. It is important to note that this RM-2 zoning district buffers the more
intensive uses allowed in the adjacent CD-2 zoning district to the east and the much lower intensity
RM-1 zoning district to the west. Further, the property immediately abutting the Angler's hotel
property to the north is a 3-story residential condominium.
While not opposed to expanding the list of conditional uses for this specific RM-2 zoning district, as it
also abuts Washington Avenue, which is predominately zoned CD-2, staff had previously
recommended to the Planning Board that the ordinance be further limited to only allow indoor
entertainment,and only associated with a full restaurant as follows:
OD Washington Avenue. In addition to the conditional uses specified in subsection 142-213(a).
the following regulations shall apply to properties that front Washington Avenue between 6th
Street and 7th Street. including those properties between 6th Street and 7th Street that have
Page 430 of 2461
frontage on Pennsylvania Avenue:
u Restaurants.with full kitchens and serving full meals.
which include entertainment. as an accessory use to a hotel.
This may include establishments that qualify as a neighborhood impact establishment.
The ultimate operation, including hours, occupancy, nature of the entertainment, and location of the
entertainment would be subject to the review of the Planning Board as part of the Conditional Use procedures.
PLANNING BOARD REVIEW
On November 19, 2019, the Planning Board held a public hearing and transmitted the ordinance to
the City Commission with a favorable recommendation by a vote of 7-0. The Planning Board did not
agree with the aforementioned recommendation of staff, and also recommended any outdoor
entertainment be limited to ambient levels. The full recommendation of the Planning Board from
November 19, 2019 has been incorporated into the draft ordinance.
The Planning Board is scheduled to consider a minor revision to the text of the ordinance on July 27,
2020, which would allow for outdoor bars as a conditional use. This modification has been included
in the revised'draft of the ordinance for second reading. The administration will provide an update on
the floor of the City Commission meeting regarding the recommendation of the Planning Board.
UPDATE
On February 12, 2020 the City Commission approved the subject ordinance at first reading with no
changes. Second reading, scheduled for March 18, 2020,was deferred to May 13, 2020. Prior to the
May 13, 2020 City Commission meeting, at the request of the item sponsor, the item was deferred to
the June 24, 2020 City Commission meeting. On May 28,2020(item C4C), at the request of the item
sponsor, the ordinance was referred back to the Planning Board to review a provision pertaining to
outdoor bars. The item was also deferred from the June 24, 2020 City Commission agenda to the
July 29, 2020 Commission agenda, at the request of the sponsor.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
South Beach
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 Arriola
ATTACHMENTS:
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Description
o Map
o Ad
o Form Approved ORD 2nd Read
Page 432 of 2461
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SUNDAYIULY112010 I NEIGHBORS I 129NE
MIAMINERALD.COM
BEA.:1", tvlIAMIBEACH
CITY OF MIAMI BEACH BEACH
OF CITY MIAMI
VIRTUAL CITY COMMISSION MEETING PROCEDURES NO CCITYE OF PUAHEARING
JULY 29,2020
VIRTUAL CITY COMMISSION MEETINe ORDINANCE AMENDING THE RM-2 CONDITIONAL USES
The July 29,2020 City of Miami Beach Commission Meeting will be held as a Virtual Meeting FOR 600 BLOCK OF WASHINGTON AVENUE
with the Mayor.Commissioners,and City staff participating through video conferencing
•Mow maview fn.vrtuelCRyCommis.wnMaltby JULY 29,2020 VIRTUAL CITY COMMISSION MEETING
The Virtual City Commission Meeting will be broadcast live on Miami Beach TV(MBTV),
viewable on thecityswebstteathttps://www.miamibeachfigov/govemment/mbty/,as The Jab 29,2BtO City of Miami Beach Commission Meeting will be held as a Virtu'Neetre with
well as on Atlantic Broadband Cable channel 660.AT&T U-verse channel 99,Hawke - the Mayor, Commissioners,and City staff participating through video conferencing.The Virtual City
Communications channel 395,and ROKU device on PEG.TV channel,and on social media Commission Meeting will be broadcast live on Miami Beach TV(MBTV),viewable on the Cays website at
at faceboolc.com/cityofmlarnibeach. htteriwww.miamibeachfl.aov/awemmenUmblyt as well as on Atlantic Broadband Cable channel
'"Ito Pry EPthilll Public torrrmaml during the Vlrb"Y Citi CamnYwton AllmignV660,AM U verse channel 99,Hotwire Communications channel395,and ROKU date on PEG,TV channel,
To take part in or provide comments during the Virtual City Commission Meeting the and on social media at facebookcom/ctvnfmiamibeacth.To participate or provide comments,the public may
public may:
o Join the webinar at:https://us02webzoom.us/j/8924811868 join the virtual meeting at htsI/us02webioom.us/1/8522481t66(1 or via telephone at 1.312626.6799
(U.S.)or 888.475.4499(Toll Free).The Webinar ID ix 85224811868/.Members of the public wanting to
Or speak on a
o By telephone at:1312.626.6799 or 888475.4499(Toll Free) orpress during9 on the tele hone to raise their must dick the'raise hand"Icon if using the
r hard
The Webinar ID is:852248118684 app p
Members of the public wanting to speak on an item during the Virtual City Commission N0111 M HERBY GM Matte following public hearing will be heard lythe Mayor and City Commissioners
Meeting must click the"raise hand'icon if using the Zoom app or pre s'9 on the of the City of Miami Beach,Randa,on My t9,DM at fel0 u.,Of as soon thereafter as the matter ran be
telephone to raise their hand. heart
•How to submit written public comment before the Virtual Oty Commisslon MMBni ik10 Lu.Eawnd Ruflu i ifla Nurlee
The public may submit written comments by sending an email to C7tyClerk k@miemibeachfl. RM-2 CONDITIONAL USES FOR 600 BLOCK OF WASHINGTON AVENUE
goy by 5:00 pm.the day before the Virtual City Commission Meeting Please identify the AN ORDINANCE OF THE MAYOR AND CiTY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
Agenda Item Number in the email subject line.Entails received will be torwarded to the AMENDING THE CODE OF THE CITY OF MIAMI BEACH,SUBPART B,ENTITLED'LAND DEVELOPMENT
Mayor and Commissioners and will be included as a part of the meeting record, REGULATIONS,"BY AMENDING CHAPTER 142 OF THE CITY CODE,ENTITLED"ZONING DISTRICTS AND
Please note that Governor DeSaMis'Executive Order Number 20-69,as extended by REGULATIONS,"ARTICLE II,ENTITLED"DISTRICT REGULATIONS,"DIVISION 3,ENTITLED"RESIDENTIAL
Executive Orders 20-121,20-123,20.139,and 20-150,suspended the requirement of MULTIFAMILY DISTRICTS,"SUBDINSION iY ENTITLED 11M-2 RESIDENTIAL MULTIFAMILY,MEDIUM
In pens n11and
t et a localda Statutes,governmentthe Florida boy meet
Sunshine spa ihcp quorum must Executive present INTENSITY,"SECTION 142-213,ENTITLED'CONDITIONAL USES.'TO MODIFY THE CONDITIONAL USE
in person,and that a body meet at a specific public place.The
Order also allows local government bodies to utilize communications media technology, REGULATIONS FOR PROPERTIES FRONTING THE WEST SIDE OF WASHINGTON AVENUE BETWEEN
such as telephonic and video conferencing for local government body meetings. 6TH STREET AND 7TH STREET;AND BY AMENDING ARTICLE IV,ENTITLED"SUPPLEMENTAL DISTRICT
pR.STANLEY SUTNICK CITIZEN'S SPEAKERS FORUM REGULATIONS;DIVISION 2,ENTITLED"ACCESSORY USES,"SECTION 142-902,ENTITLED"PERMITTED
The times for the public comment period known as the Dr.Stanley Sutnic k Citizen's Forum, ACCESSORY USES;TO CLARIFY THE PERMITTED ACCESSORY USES FOR HOTELS IN THE RM-2
are 8:30 am and 100 pm.,oras soon as possible thereafter.Approximately thirty minutes DISTRICT;AND PROVIDING FOR REPEALER,CODIFICATION,SEVERABIUTY,AND AN EFFECTIVE DATE
will be allocated to each session,with individuals being limited to no more than three Ibis Ordinance is being heard pursuant to Section 118-164 of the City's Land Development Code.
minutes or fora period established by the Mayor.No appointment or advance notification inquiries maybe directed to the P/anniag Department at 305.6737550.
is needed to speak to the Commission during this Forum.During the Dr.Stanley Sutnick
Citizen's Forum,you may address any issues and/or concerns. luIBFiisu PAkDEI are invited to appear at this meeting,or be represented by an agent,or to express their
AUDIOVISUAL PRESENTATIONS views intuiting addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,I"Floor,
Members of the public may present audio/visual(AV)materials relating to Agenda items City Hall,Miami Beach,Florida 33139.This item is available for public inspection during normal business
at Virtual City Commission meetings by utilizing the City's AV equipment,provided that hours in the City Clerk's Office,1700 Commotion Center Drive,1"Floor,City Hall,Miami Beach,Florida
materials are submitted to the Department of Marketing and Communications by 8:30 am., 33139.This meeting,or any Item herein,may be continued,and under such circumstances,additional legal
one(1)business day prior to the meeting.Advance submittal of a presentation will allow notice need not be provided.Pursuant to Section 286.0105,Ra Stat,the City hereby advises the public
the Communications Department to plan for the use of the appropriate AV equipment AV
materials must be submitted via email at communications@miamibeactif.gov.The body that if a person decides to appeal any decision made by the City Commission with respect to airy matter
of the email crust include a notation listing the name or group,contact person,daytime considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings
telephone number,email address,description/tile of the presentation,and Agenda Item is made,which record includes the testimony and evidence upon which the appeal Ls to be based.This
Title as well as the Agenda Item Number.Please reference"Audio/Visual Material'in the notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or
email subject line.Acceptable fomiats for electronic submission are.pdf,.opt,.pptx, irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law.
.tips,.ppsx wmv..avi,and.mov.(Note that.pdf is the preferred format for PowerPoint
presentations.) To request this material in attenuate format,sign language interpreter(fheday notice required),information
To request this material in alternate format,sign language Interpreter(five-day notice on access for persons with disabilities,and/or any accommodation to review any document or participate
required),information onaccessforpeksonswithdisabilities,and/oranyaccommodationto in airy Citysponsaed proceedings,tali 305.6042489 and select option 6;TTY users may tall via
review any document or participate in any City-sponsored proceedings,call 305.6042489 711(Florida Relay Service).
and select option 6;TTY users may call via 711(Florida Relay Service). Rafael E.Granado,City Clerk
. Rafael E.Granado,City Clerk City of Miami Beach
Ad mem City of Miami Beach M mown'
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