Ordinance 2023-4559 Apartment Hotel Revised Definition
ORDINANCE NOJ 2023-4559
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 "MIAMI BEACH RESILIENCY CODE,"
CHAPTER 1, ENTITLED "GENERAL PROVISIONS," ARTICLE II, ENTITLED
"DEFINITIONS," DIVISION 2, ENTITLED "USE DEFINITIONS," SECTION
1.2.2.1, ENTITLED "RESIDENTIAL," TO MODIFY THE DEFINITION OF
APARTMENT HOTEL; AND PROVIDING FOR CODIFICATION, REPEALER,
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, the City Commission desires to amend the definition for apartment hotel to (i)
codify the City's longstanding practice with regard to the approval of new apartment hotels, and
(ii) implement safeguards to mitigate the impacts of apartment hotels on the quality of life of
nearby residents; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 1 of the Miami Beach Resiliency Code, entitled "General Provisions,"Article
II, entitled "Definitions," is hereby amended as follows:
CHAPTER 1
GENERAL PROVISIONS
ARTICLE II. DEFINITIONS
* * *
DIVISION 2. USE DEFINITIONS
1.2.2.1 Residential
* * *
Apartment hotel means a building containing a combination of apartment units and hotel units
and/or suite hotel units. For purposes of this definition, the following shall apply to an apartment
hotel:
L) At least one (1) of the units within a property shall consist of an apartment unit.
1
j All hotel and/or suite hotel units shall be under resident supervision. For purposes of this
definition, the resident supervisor shall be required to live on the property and shall be
available at all times to address any operational issues at the property.
11 The property shall contain at least one guest lobby, which shall be a minimum of 250
square feet in size.
For existing buildings constructed prior to 1965, including any additions, access to all hotel
and/or suite hotel units may or may not be through a common lobby.
0] For new construction and existing buildings constructed after -1965, including any
additions, access to all hotel and/or suite hotel units shall be through a common lobby.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Miami Beach
City Code. The sections of this ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section," "article," or other appropriate
word. -
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the S day of J 14 l(,, 2023.
PASSED and ADOPTED this a? day of Juh e , 2023.
ATTEST:
Dan Gelber, Mayor
-72/
APPROVED AS TO
� I �0� _-� �B"E;q��a,, FORM AND LANGUAGE
Rafael E. Granado, City Clerk- =�P c & FOR EXECUTION
if First Reading: May 17, 2023 '•IN[ORP BATED: 1 �(� 1 - I'�- 2�
Second Reading: ne 28, 2 23 L � City Attorney r � Date
cH•26"ti=
Verified By:
Thomas R. Moone , AICP
Planning Director
T:\Agenda\202\3\6-July 2023\Planning\Apartment Hotel Revised Definition-ADOPTED ORD.docx
2
Ordinances-R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager .
DATE: June 28, 2023
10:15 a.m. Second Reading Public Hearing
SUBJECT:APARTMENT HOTEL REVISED DEFINITION
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 114 OF THE CITY CODE,
ENTITLED "GENERAL PROVISIONS," AT SECTION 114-1, ENTITLED
"DEFINITIONS," TO MODIFY THE DEFINITION OF APARTMENT HOTEL;
AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On October 13, 2021, at the request of Commissioner Steven Meiner, the City Commission
referred a discussion (Item C4 H) regarding apartment hotel uses to the Land Use and
Sustainability Committee (LUSC). On March 4, 2022, the LUSC discussed the item and
continued it to the April 8, 2022 meeting,with direction to the Administration to develop a revised
definition of apartment hotel that included a minimum lobby size.
On February 15, 2023, the LUSC discussed and concluded the item, and recommended that
the City Commission refer the attached draft ordinance revising the definition of apartment hotel
to the Planning Board. On March 27, 2023, the City Commission referred the proposed
ordinance to the Planning Board (
item C4 A).
The following is the current definition of apartment hotel in Section 114-1 of the Land
Development Regulations of the City Code (LDRs):
Apartment hotel means a building containing a combination of suite hotel unit, apartment units
and hotel units, under resident supervision, and having an inner lobby through which all tenants
must pass to gain access.An apartment hotel must contain at least one unit apartment.
Apartment hotels are permitted in those zoning districts that allow for other hotel uses, such as
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hotel, suite hotel and/or hostels. Apartment hotel has been an allowable use in the City Code
since at least 1989 and provides a needed definition for those properties containing a mix of
residential and hotel uses.
ANALYSIS
Modifications have been drafted to the definition of apartment hotel to provide better clarity.
Additionally, at the recommendation of the Independent Planning Reviewer for apartment hotels
in the South of 5th Street area, as well as the recommendation of the Office of the Inspector
General (OI G),the definition was amended to address the requirements for an inner lobby.
The attached draft ordinance contains the following revised definition of apartment hotel:
Apartment hotel means a building containing a combination of apartment units and, hotel units
and/or suite hotel units. For purposes of this definition, the following shall apply to an apartment
hotel:
(1)At least one (1)of the units within a property shall consist of an apartment unit.
(2) All hotel and/or suite hotel units shall be under resident supervision. For purposes of this
definition, the resident supervisor shall be required to live on the property and shall be available
at all times to address any operational issues at the property.
(3)The property shall contain at least one guest lobby, which shall be a minimum of 250 square
feet.
(4) For existing buildings constructed prior to 1965, including any additions, access to all hotel
and/or suite hotel units may or may not be through a common lobby.
(5) For new construction and existing buildings constructed after 1965, including any additions,
access to all hotel and/or suite hotel units shall be through a common lobby.
The substantive modifications to the definition of apartment hotel include the following:
1. The requirement for resident supervision has been better defined and clarified.
2.A minimum size of 250 square feet has been added for the required lobby.
3. The criteria for guest access to all units from a common lobby has been clarified. In this
regard, access to all units from the lobby is required for buildings constructed after 1965, but not
for existing buildings constructed prior to 1965. This will allow for the conversion of older
buildings to an apartment hotel in districts that permit such use.
NOTE: In hotels, direct access to hotel units from an inner lobby is not required.
As it pertains to the minimum number of apartment units required within an apartment hotel,
different options have been explored about potentially increasing the current requirement of a
single apartment unit to a larger percentage of the total number of units. Given the changing
nature of the unit mix in apartment hotels, particularly within larger buildings that fluctuate
between residential apartment units and hotel units, it is recommended that the minimum number
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of apartment units remain at one (1). This allows for continued flexibility for both new and
existing structures in those districts where an apartment hotel use is permitted. Again, it is
important to note that apartment hotels are only permitted in those districts that allow for hotel
uses.
PLANNING BOARD REVIEW
On April 25, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation(7-0).
UPDATE
On May 17, 2023 the subject ordinance was approved at First Reading,with no changes.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No fiscal impact is expected.
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 Steven Meiner
ATTACHMENTS:
Description
o Ordinance
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