2013-3819 Ordinance PALM VIEW HOTEL USES
(As Transmitted by Planning Board on June 25, 2013)
ORDINANCE NO. 2013-3819
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS", ARTICLE 11, "DISTRICT
REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS",
SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY",
TO LIMIT HOTELS AS HEREINAFTER PROVIDED IN THE PALM VIEW
CORRIDOR TO THOSE EXISTING AS OF MAY 28, 2013; DEFINING THE
PALM VIEW CORRIDOR AS ALL PROPERTIES ABUTTING THE WEST SIDE
OF MERIDIAN AVENUE BETWEEN 17TH STREET AND COLLINS CANAL;
DEFINING THE RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING
USES; TO EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND
OUTDOOR ENTERTAINMENT FROM PERMITTED HOTEL ACCESSORY
USES; TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES
OF THE PALM VIEW CORRIDOR OF THE RM-2 DISTRICT;
ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL
REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION
OF HOTEL USES; AND PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach endeavors to preserve and enhance the residential
scale, character and livability of residential apartment and condominium buildings within the City's
medium intensity multi-family districts located in the Palm View District; and
WHEREAS, hotel uses located in the Palm View District and zoned RM-2 include
allowable accessory uses that present compatibility issues with existing residential structures;
and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for certain types of prohibited uses for properties located in the Palm View District
and zoned RM-2; 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. That Chapter 142, Article 2, entitled "District Regulations", Division 3, entitled
"Residential Multifamily Districts", Subdivision IV, entitled "RM-2 Residential Multifamily, Medium
Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida
is hereby amended as follows:
Sec. 142-212. - Main permitted uses. l
The main permitted uses in the RM-2 residential multifamily, medium intensity district are
single-family detached dwellings; townhomes; apartments; apartment-hotels; and hotels, e, xcept
that in the Palm View corridor, defined in this Subdivision as all properties abutting the west side
of Meridian Avenue between 17th street and Collins Canal, apartment-hotel or hotel uses are only
permitted if issued a building permit or occupational license prior to May 28, 2013, or are
approved by the Design Review Board pursuant to a complete application filed and pending prior
to May 28, 2013, in which event they shall be considered a "Legal Conforming Use." A property
that has a "Legal Conforming Use" as used in this Subdivision prior to May 28, 2013, may retain
all, and apply for new, expansions and modifications to, permitted, conditional and /or accessory
uses permitted in the zoning category as of May 28, 2013, and apply for buildinq permits to add,
improve and/or expand existing structures, or construct new structures for permitted, conditional
and/or accessory uses permitted in the zoning category, if FAR remains available.
Sec. 142-213. - Conditional uses.
Conditional uses in the RM-2 residential multifamily, medium intensity district are adult
congregate living facility; day care facility; nursing home; religious institutions; private and public
institutions; schools; commercial or noncommercial parking lots and garages; and accessory
neighborhood impact establishment, as set forth in article V, division 6 of this chapter.
Sec. 142-214. -Accessory uses.
The accessory uses in the RM-2 residential multifamily, medium intensity district are as required
in article IV, division 2 of this chapter and uses that serve alcoholic beverages as listed in article V,
division 4 of this chapter, pertaining to alcoholic beverages. RM-2 properties within the Palm View
corridor, may not have accessory outdoor entertainment establishments. Notwithstandinq the
foregoing, a property that had a Legal Conforming Use as of May 28, 2013 shall have the right to
apply for and receive special event permits that contain entertainment uses.
Sec. 142-215. Prohibited Uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are accessory
outdoor entertainment establishment, accessory open air entertainment establishment, as set
forth in article V, division 6 of this chapter; and accessory outdoor bar counter; and for properties
located within the Palm View corridor, hotels and apartment-hotels, except to the extent
Preempted by Section 509.032(7), Florida Statutes, and unless they are a Legal Conforming Use.
Properties that voluntarily cease to operate as a hotel for a consecutive three (3)year period, shall
not be permitted to later resume such hotel operation. Without limitation, (a) involuntary hotel
closures due to casualty, or(b) cessation of hotel use of individual units of a condo-hotel, shall not
be deemed to be ceasing hotel operations pursuant to the preceding sentence.
SECTION 2. 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 Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention and the word "ordinance" may be changed to "section"
p � Y 9
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed, with the exception of Chapter 142, Article III, Division 5 = West Avenue Bay Front
Overlay.
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 day of OCAb-e Y'-- , 2013.
AY
ATTEST: INICORr RATED:
a' r
7,
CITY CLERK �, ._....•••'•ACb Z,>
° APPROVED AS TO
FORM & LANGUAGE
& FOR EXE. UTION
o ey Da
First Reading: September 11, 2013
Second Reading: October 16, 2013
Verified by!,.
Richard 0. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
c+rilie_T denotes deleted language
09/27/2013
T:\AGENDA\2013\October 16\Palm View Hotel Uses ORDINANCE 2nd Read.docx
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying the regulations for hotel uses within
the Palm View corridor in the RM-2 district.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summa /Recommendation:
SECOND READING
The proposed Ordinance would modify the regulations for hotel uses within the Palm View corridor in
the RM-2 district.
The City Commission approved the Ordinance at First Reading on September 11, 2013 and set a
Second Reading Public Hearing for October 16, 2013.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On June 25, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by
a vote of 5-0.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal
impact.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
Sign-Offs:
Department Director s ist t City Manager City Manager
&-4 aL
T:\AGENDA\2013\October 16\Palm Vi otel Us -SUM 2nd R d.docx
AGENDA ITEM ID
MIAMIBEACH DATE 1 0-
t 3
i m
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me bers of the ity Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2013
SECOND READING
SUBJECT: Palm View Hotel Uses
ANORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS",
SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM
INTENSITY", TO ADD HOTELS AS A PROHIBITED USE WITHIN THE
BOUNDARIES OF THE PALM VIEW CORRIDOR OF THE RM-2 DISTRICT,
MORE SPECIFICALLY DEFINED AS ALL PROPERTIES ABUTTING THE
WEST SIDE OF MERIDIAN AVENUE BETWEEN 17TH STREET AND
COLLINS CANAL; PROHIBITING OUTDOOR ENTERTAINMENT, AND
PERMITTING VESTED HOTEL PROJECTS IN THE DEFINED AREA TO
REMAIN AS LEGAL CONFORMING USES; AND PROVIDING FOR
CODIFICATION; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
On October 24, 2012, the City Commission referred a discussion regarding hotels in
residential neighborhoods to the Land Use and Development Committee (LUDC). On
December 19, 2012 the Land Use Committee referred an Ordinance prohibiting hotel
uses within the West Avenue and Palm View areas to the Planning Board for
consideration.
The subject Ordinance was first scheduled to be considered by the Planning Board on
April 3, 2013. However, due to a defect in the notice, the matter was required to be re-
noticed for the May 28, 2013 meeting. Additionally, the subject Ordinance was bi-
furcated into a separate Ordinance for the Palm View area and a separate Ordinance for
the West Avenue area.
The City Commission approved the subject Ordinance at First Reading on September
11, 2013.
ANALYSIS
The proposed Ordinance, which was originally part of the West Avenue Hotel Ordinance,
Commission Memorandum
Palm View Hotel Uses
October 16, 2013 Page 2 of 3
applies only to those properties zoned RM-2 along the west side of Meridian Avenue
from 17th Street to the Collins Canal. Up until recently, this area consisted solely of
residential apartment buildings. However, as hotels are permitted within an RM-2 zone,
the residents of the much lower scale Palm View historic district to the immediate west of
this corridor have expressed a concern with regard to the potential impacts of hotel uses,
and accessory uses to hotels in the subject area.
Planning Department staff has previously recommended that a total ban on hotel uses in
the residential zoning districts in the West Avenue corridor be approached with caution,
due to potential legal complications, as well as the potential for creating legal 'non-
conforming' uses. The Land Use Committee referred the matter to the Planning Board
with a recommendation to prohibit hotels in the West Avenue neighborhood. The
Ordinance transmitted by the Planning Board reflects this direction.
While the Ordinance was pending before the Planning Board, different neighborhood
groups were in discussion with existing hotel operators in the Palm View area. These
discussions addressed the impact that a ban on hotels would have, as well as the
negative of impacts of accessory uses. The proposed Ordinance reflects some aspects
of the aforementioned discussions, including clarifying that existing hotels and accessory
uses, which may become legal non-conforming, can retain their status going forward,
due to the substantial investment in the property.
Additional modifications have been incorporated into the Ordinance that further address
concerns of affected operators regarding the grandfathering of non-conforming uses.
These include the ability to re-introduce a hotel use after the property was converted to a
conforming residential use, provided that the property was licensed as a hotel before
May 28, 2013 and that the subsequent residential use does not exist for more than three
(3) years. The Planning Board concluded that a 3 year window to revert back to a
previously established, though non-conforming, hotel use is a fair amount of time for an
affected property owner to be able to absorb any potential loss of revenue associated
with an unsuccessful residential venture.
While not opposed to the 3 year rule proposed, as indicated previously in the process,
staff is not in favor of allowing a non-conforming use to continue in perpetuity, in the
event such use was discontinued and replaced by a conforming use. Such a
modification would substantially contravene Chapter 118, Article IX of the land
Development Regulations of the City Code, pertaining to 'Nonconformances'.
As part of the Planning Board review process, staff also suggested other areas that may
be worthy of discussion, including:
• Establishing a Conditional Use requirement for hotels and accessory uses
proposed in the Palm View district.
• Stricter regulation of allowable 'Accessory Uses', including placing defined limits
on occupancy loads, seating and hours of operation.
• A prohibition on outdoor seating facing a street or sidewalk, as well as on
sidewalk cafes.
• Requiring that access to `Accessory Uses' be from within the confines of the
hotel, via a hotel lobby, and not be directly from the street or sidewalk
i
Commission Memorandum
Palm View Hotel Uses
October 16, 2013 Page 3 of 3
• As recommended by the Land Use Committee, creating an `Applicability' section
of the Ordinance, in order to address existing hotel uses.
PLANNING BOARD REVIEW
The Planning Board reviewed the subject Ordinance on June 25, 2013, and transmitted
it to the City Commission with a favorable recommendation by a vote of 5 to 0.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
It L
JLM/JMJ/RGL/TRM
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