2014-3851 Ordinance Minimum Unit Sizes for Historic Hotels In Commercial Districts
ORDINANCE NO. 2014-3851
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, "ZONING DISTRICTS AND REGULATIONS",
ARTICLE II, "DISTRICT REGULATIONS", SECTION 142-3061
"DEVELOPMENT REGULATIONS" TO MODIFY THE REQUIREMENTS FOR
MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE CD-2
DISTRICT; AND BY AMENDING SECTION 142-337, "DEVELOPMENT
REGULATIONS AND AREA REQUIREMENTS" TO MODIFY THE
REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC
HOTELS WITHIN THE CD-3 DISTRICT; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach endeavors to recall and promote its unique social
and architectural history, as well as further the dynamic character and attraction of hotels within
historic districts; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize the retention,
preservation and restoration of hotel structures located within historic districts; and
WHEREAS, the City of Miami Beach desires to amend existing minimum unit size
requirements for existing hotels within historic districts; 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 Il, entitled "District Regulations", of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 142-306. Development regulations.
The development regulations in the CD-2 commercial, medium intensity district are as follows:
Minimum Average
Apartment Apartment
Unit Size Unit Size
(Square Feet) (Square Feet)
Commercial—N/A Commercial—N/A
New construction-550 New construction-800
1
Rehabilitated Rehabilitated buildings-550
buildings-400 Non-elderly and elderly low
Non-elderly and elderly low and moderate income
and moderate income housing: See section
housing: See section 142-1183
142-1183 Hotel units—N/A
Hotel unit:
15%: 300-335
85%: 335+
For contributing hotel
structures, located within a
local historic district or a
national register district,
which are being renovated
in accordance with the
Secretary of the Interior
Standards and Guidelines
for the Rehabilitation of
Historic Structures as
amended, retaining the
existing room configuration
shall be permitted, provided
all rooms are a minimum of
200 square feet.
Additionally, existing room
configurations for the above
described hotel structures
may be modified to address
applicable life-safety and
accessibility regulations,
provided the 200 square
feet minimum unit size is
maintained.
SECTION 2. That Chapter 142, Article II, entitled "District Regulations", of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 142-337. Development regulations and area requirements.
(c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial,
high intensity district are as follows:
Minimum Average
Unit Size Unit Size
(Square Feet) (Square Feet)
Commercial—N/A Commercial—N/A
New construction-550 New construction-800
2
Rehabilitated Rehabilitated buildings-550
buildings-400 Non-elderly and elderly low
Non-elderly and elderly low and moderate income
and moderate income housing: See section
housing: See section 142-1183
142-1183 Hotel units—N/A
Hotel unit:
15%: 300-335
85%: 335+
For contributing hotel
structures, located within a
local historic district or a
national register district,
which are being renovated
in accordance with the
Secretary of the Interior
Standards and Guidelines
for the Rehabilitation of
Historic Structures as
amended, retaining the
existing room configuration
shall be permitted, provided
all rooms are a minimum of
200 square feet.
Additionally, existing room
configurations for the above
described hotel structures
may be modified to address
applicable life-safety and
accessibility regulations,
provided the 200 square
feet minimum unit size is
maintained.
SECTION 3. 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",
"article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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.
3
PASSED AND ADOPTED this a3 day of apr.l , 2014.
AYOR '
ATTEST:
NCORP ORATED.
.I �� Ia
CITY CL RK
H 26 y
APPROVED AS TO
F RM & GUAGE
&� EXECUTION
r ey Date
First Reading: March 5, 2014
Second Reading: April 23, 2 14
Verified by:
Thomas R. Money, AI
Acting Planning Director
Underscore denotes new language
denotes new language
04/03/2014
T:\AGENDA\2014\April\Historic Hotel Unit Sizes Commercial ORD 2nd Read.docx
4
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to modify the minimum unit size requirements
for historic hotels within commercial zoning districts.
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 Summary/Recommendation:
SECOND READING PUBLIC HEARING
The proposed Ordinance would modify minimum unit size requirements for existing hotels that are
historic and located in commercial zoning districts.
On March 5, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
schedule a Second Reading Public Hearing for April 23, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On January 28, 2014, the Planning Board transmitted the subject Ordinance to the City Commission
with a favorable recommendation by a vote of 6 to 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, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Director Assist t City Manager City Manager
TAAGENDA\2014\April\Historic Hotel Unit Sizes Commercial-SUM 2nd Read.docx
i
AGENDA ITEM RSC
DATE
I
NAIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Member rSjEOND City ommission
FROM: Jimmy L. Morales, City Manager
DATE: April 23, 2014 R PUBLIC HEARING
SUBJECT: Historic Hotel Unit Sizes
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, "ZONING DISTRICTS AND REGULATIONS",
ARTICLE II, "DISTRICT REGULATIONS", SECTION 142-306,
"DEVELOPMENT REGULATIONS" TO MODIFY THE REQUIREMENTS FOR
MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE CD-2
DISTRICT; AND BY AMENDING SECTION 142-337, "DEVELOPMENT
REGULATIONS AND AREA REQUIREMENTS" TO MODIFY THE
REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC
HOTELS WITHIN THE CD-3 DISTRICT; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On September 11, 2013, the City Commission adopted an Ordinance that modified the
minimum unit size requirements for existing, historic hotels, located in multi-family
residential zoning districts. Additionally, the City Commission referred a discussion item
to the Land Use and Development Committee, pertaining to an Amendment to the Land
Development Regulations that would modify the same regulations pertaining to minimum
hotel unit size requirements, but within the City's commercial zoning districts.
Specifically, historic hotels located in commercial districts, which are substantially
renovated, could retain non-conforming unit sizes without the need for additional
variances.
On October 23, 2013, the Land Use and Development Committee recommended that
the Proposed Ordinance be referred to the Planning Board. On December 11, 2013, the
City Commission referred the Ordinance Amendment to the Planning Board for formal
action.
ANALYSIS
Several unit size variances have recently been granted for historic hotels, which have
undergone extensive renovation. These hotels have been located in both commercial
and multi-family residential districts. When an existing building is significantly renovated
as a hotel, the Code requires that the minimum hotel unit size be met (315/330 sq. ft.).
However, the existing room configuration in historic hotel buildings is often under this
Commission Memorandum
Ordinance:Historic Hotel Unit Sizes in Commercial Districts
April 23, 2014 Page 2 of 2
minimum required room size. Variances are consistently granted for these projects, as it
is considered a true hardship, since the floor plates of historic hotel buildings often
cannot be easily reconfigured.
Additionally, the existing pattern of windows in historic buildings typically matches the
room configuration, and the exterior of the historic building cannot be altered by
removing or rearranging window placement. In the MXE district (Ocean Drive and
Collins Avenue between 5th and 15th), a smaller minimum room size of 200 square feet is
permitted. The historic hotels outside the MXE district are often similar in nature to those
in the MXE.
In order to address this, the Ordinance adopted by the Commission on September 11,
2013 allowed for the renovation of existing historic hotels without the need for room size
variances, as long as a minimum unit size of 200 square feet is met. However, this
relaxation of minimum hotel unit size requirements only applies to historic structures
located in multi-family districts. After this ordinance had made its way through the
approval process, it was determined that a number of hotels located in commercial
districts were not able to take advantage of it. The attached Ordinance extends the same
unit size requirements for historic hotels located in commercial districts.
PLANNING BOARD REVIEW
The Planning Board reviewed the proposed Ordinance on January 28, 2014, and
recommended approval by a vote of 6 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.
SUMMARY
The subject Ordinance was approved at First Reading on March 5, 2014.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
JLM/JMJ/TRM
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MIAMI HERALD I MiamiHerald.com NE THURSDAY,APRIL 10,2014 SINE
MIAMIBEACH "
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,on April 23,2014,to consider the following:
10:15 a.m.
A Resolution Adopting The Second Amendment To The General Fund,Enterprise Fund,.lntemai Service Fund And Special Revenue Fund Budgets For Fiscal Year(FY)2013/2014.Inquiries maybe directed to the Budget Office 305-673-751a
10:25 a.m.
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses,'By Amending Article 11.Entitled"Public Places"To Prohibit Motorized Means Of Transportation On The Beachwalk Between 15th To 23rd Streets And Between 641 To 79"Streets,
And On The Lummus Park Promenade(Also Known As The Lummus Paris Serpentine Walkway)Between 51 And 15"'Street;Providing For Repealer,Severability,Codification,And An Effective Date.Inquiries maybe directed to the CoAttomey's Office 305-673-7470.
10:35 a.m.
An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled"Animals;By Amending Section 10-11,Entitled"Running At Large Prohibited,'By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including December 31,2014;
Providing For Repealer;Severability;Codification;And An Effective Date.Inquiries may be directed to the Parks and Recreation Department 305-673-7730.
10:45 a.m.
Minimum Unit Sizes For Historic Hotels In Commercial Districts
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations',Article 11,"District Regulations",Section 142-306,'Development Regulations"To Modify The Requirements For Minimum
Hotel Room Size For Historic Hotels Within The CD-2 District;And By Amending Section 142-337,"Development Regulations And Area Requirements"To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The CD-3 District;Providing For Codification;Repealer;
Severability;And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
10:55 a.m.
Boat Docks And Manna Structures
An Ordinance Amending Chapter 66,"Marine Structures,Facilities And Vehicles,"Article IV,"Vessels,"Section 66-113,"Limitation On Projection Of Structures;Public Hearing,"And Chapter 142,"Zoning Districts And Regulations;Section 142-1132,"Allowable Encroachments Within Required
Yards,"Modifying The Procedures For Approval Of Docks That Extend Beyond The Permitted Distance Into A Waterbody;Providing For Repealer;Codification;Severabillty And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
11:05 a.m.
RM-2 Oceanfront Height Regulations -
An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article II,"District Regulations,"Division 3"Residential Multifamily Districts"By Amending Section 142-217 Regarding Maximum Building Height And Maximum
Number Of Stories For Oceanfront Lots With A Property Line Within 250 Feet Of North Shore Open Space Park;Providing For Codification;Repealer;Severability;And An Effective pate.Inquiries may be directed to the Planning Department 305-673-7550.
11:15 a.m. ,
RM-3 Oceanfront Setbacks for Detached Structures and ADA Walkways
An Ordinance Amending The Cade Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article II,"District Regulations,'Division 3"Residential Multifamily Districts"By Amending Section 142-247,"Setback Requirements,"Regarding
Setback Requirements For Detached Additions In Oceanfront Lots Located Within The Miami Beach Architectural District;By Amending Chapter 142,"Zoning Districts And Regulations,"Article N,"Supplementary District Regulations,"Division 4"Supplementary Yard Regulations,"Section
142-1132,'Allowable Encroachments In Required Yards,'Regarding Americans With Disabilities Act(ADA)Walkways And Ramp Structures With Awnings In Side Yards;Providing For Codification;Repealer;Severability;And An Effective Date.Inquiries may be directed to the Planning
Department 305-673-7550.
1125 a.m.
Prohibit Advertisement Of Short Tenn Rentals/Commercial Use In Residential Zoning Districts
An Ordinance Amending The Code Of The City Of Miami Beach,Subpart B,Entitled'Land Development Regulations,"Of Chapter 142,Entitled"Zoning Districts And Regulations,"By Amending Article 11,Entitled"District Regulations,"By Amending Division 2,Entitled"RS-1,RS-2,RS-3,RS-4
Single-Family Residential Districts,'By Amending Section 142-109,Entitled"Commercial Use Of Single-Family Homes Prohibited,"By Amending The Definitions Therein,And By Adding New Subsection(c)(1)d.Which Prohibits Advertising Of Unlawful Occupancy And Use;By Amending Subsection
(c)(2),Which Removes The Limitations On Enforcement;By Amending Article N,Entitled'Supplementary District Regulations,"By Amending Division 2,Entitled'Accessory Uses";By Amending Section 142-905,Entitled"Permitted Accessory Uses In Single-Family Districts,"By Adding New
Subsection(b)(5)a Which Prohibits The Advertisement For The Lease Of Single Family Homes For Less Than Six Months And One Day,By Adding New Subsection(b)(5)b,Which Provides The Enforcement For A Violation Of Section(b)(5);By Amending Article IV,Entitled"Supplementary District
Regulations;By Amending Division 3,Entitled"Supplementary Use Regulations,"By Amending Section 142-1111,Entitled"Short-Term Rental Of Apartment Units Or Tbwnhomes,"By Amending Section(A)To Prohibit The Advertisement Of Short Term Rental Of Apartments Units OrT_ownhomes;
And Providing For Repealer,Severability,Codification,And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
11:35 a m.
Wake Zone Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 66,Entitled'Marine Structures,Facilities And Vehicles,"By Amending Article II,Entitled"Restricted Wake Zones,"By Amending Section 66-43,Entitled'Restricted Areas,"By Amending Subsection C Thereof
Regarding The Slow Speed,Minimum Wake Zone By Amending The Boundaries Thereof And Amending Area C On The Appendix Thereto;Providing For Repealer,Saverability,Codification,And An Effective Date.Inquiries maybe directed to the WAttomey'sOmce 305-673-7470.
11:45 a.m.
An Ordinance Amending Chapter 70 Of The Code Of TKe.City Of Miami Beach,Florida,Entitled"Miscellaneous Offenses,"By Amending Section 70-2,Entitled'Reserved'To Create Regulations That Define Nicotine Vaporizer And Liquid Nicotine And That Prohibit The Sale,Barter,Providing Directly
Or Indirectly,Gifting,Making Available For Use Or Possession,Or The Furnishing Of Nicotine Vaporizers And Liquid Nicotine To Persons Under The Age Of Eighteen(18);Moreover,Making The Possession Of Nicotine Vaporizers And Liquid Nicotine Illegal For Persons Under The Age Of-Eighteen
(18);And Providing Penalties For Violations;Providing For Repealer:Severability;Codification;And An Effective Date.Inquiries may be directed to the CityAttomey's Office 305-673-7470.
5.05 p.m
Alton Road Historic DDsbictBuffer Overlay
An Ordinance Amending The Code Of the City Of Miami Beach,Florida,By Amending Chapter 142,'Zoning Districts And Regulations,"Article III,"Overlay Districts,"Creating Division 8.'Afon Road-Historic District Buffer Overlay,"By Including Section 142-858"Location And Purpose,"
And Section 142-859"Development Regulations,"Including Among Other Provisions Regulations On Maximum FloorArea Ratio;Maximum Building Height;Minimum Setbacks;Building Separation;Demolition OrAdditions To Contributing Buildings In An Historic District;And Land Use Regulations
For Location Of Retail Uses,Restaurants,Bars,Entertainment Establishments,Alcoholic Beverage Establishments And Similar Uses;Requiring Conditional Use Approval Of Such Uses in Excess Of 10,000 Sq.Ft.;And Prohibifing Alcoholic Beverage And Entertainment Establishments In Open
Areas With Exceptions As Prescribed In The Ordinance;Providing For Codification;Repealer;Severability;And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
5:10 p.m.
RM-2 Accessory Office Uses For Say-Front Apartments
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations"Article It"District Regulations",Division 3"Residential Multifamily Districts Subdivision IV"Residential Multifamily,Medium
Intensity,"Section 142-213,"Conditional Uses,"To Expand The Conditional Uses In The RM-2 District To Include Certain Types Of Non-Medical Office Uses For Bay Front Apartment Buildings;Providing For Repealer;Severability;Codification;And An Effective Date.Inquiries may be directed
to the Planning Department 305-673-7550.510 Pm.
Religious Uses Ordinance Amendment For The Equal Treatment Of Religious Uses As Required By The Federal Religious Land Use And Institutionalized Persons Act(RLUIPA).
An Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations,"Article II,"District Regulations,"And Article IV,"Supplementary District Regulations,"To Provide For The Equal Treatment Of Religious Institutions in Multifamily,
Commercial And Industrial Districts,As Required By Federal Law,Allowing Religious Institutions As A Matter Of Right Up To 199 Occupancy,As Either Main Permitted Or Accessory Uses As Set Forth In The Respective Zoning Districts,And Requiring Conditional Use Approval For Such Uses With
Higher Occupancy,Providing For Repealer;Severability;Codification;And An Effective Date.Inquiries may be directed to the Planning Department 305-673-7550.
Dr.Stanley Sutnick Citizen's Forum-The times for the Dr.Stanley Sutnick Citizen's Forum are a:30 a.m.and 1:00 p.m.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session,with individuals being limited to no more than three minutes or for a
period established by the Mayor.No appointment or advance notification is needed in order to speak to the Commission during this Forum.
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 11 Floor,City Hail,Miami Beach,Florida 33139.Copies of these items are available
for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,1 s 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 City 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 of admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise
allowed by law.
To request this material in accessible format,sign language interpreters,information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding,please contact us five days in advance at 305-673-7411(voice)
or TTY users may also call the Florida Relay Service at 711.
Rafael E.Granado,City Clerk
City of Miami teach
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