2016-4023 Ordinance HALL FOR HIRE USE IN MUSEUM HISTORIC DISTRICT
ORDINANCE NO. 2016-4023
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 II, "DISTRICT
REGULATIONS," DIVISION 3, "RESIDENTIAL
MULTIFAMILY DISTRICTS," SUBDIVISION IV, "RM-2
RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,"
TO AMEND SECTION 142-213, "CONDITIONAL USES,"
TO INCLUDE REQUIREMENTS PERTAINING TO HALL
FOR HIRE USES FOR PROPERTIES LOCATED WITHIN
THE LOCALLY DESIGNATED MUSEUM HISTORIC
PRESERVATION DISTRICT; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, Section 142-213 of the City Code regulates conditional uses within
the Residential Multifamily Medium Intensity, RM-2, zoning district; and
WHEREAS, the Mayor and City Commission desire to amend Section 142-213 to
permit existing religious institutions in the locally designated Museum Historic
Preservation District to obtain conditional use approval for a hall for hire use, subject to
certain restrictions; and
WHEREAS, the religious institution use often has ancillary areas utilized for
group gatherings, and such facilities could be used as a "Hall for Hire," so that such
religious institutions can support themselves and such use would be compatible with the
surrounding area; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated May 24, 2016 by a vote of 4-0; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
WHEREAS, the amendment set forth below is 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, "Zoning Districts And Regulations", Article II, "District
Regulations", Division 3, "Residential Multifamily Districts", Subdivision IV, "RM-2
Residential Multifamily, Medium Intensity", of the Code of the City of Miami Beach,
Florida is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 3. — RESIDENTIAL MULTIFAMILY DISTRICTS
* * *
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
adult congregate living facility; day care facility; nursing home; stand-alone 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.
j Museum Historic Preservation District. In addition to the conditional uses specified in
section 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 hall for hire use within the interior of
the existing religious institution. Any such hall for hire use shall comply with the
following additional regulations:
al Entertainment may only be permitted in the hall for hire;
al The hall for hire use shall cease operations by 11:00 PM on S unday through
Thursday, and by 12:00 AM on Friday and Saturday;
(3) Only the property owner, its subsidiaries, and its invited quests may hold events
at the hall for hire;
Restaurants, stand-alone bars, and alcoholic beverage establishments, shall be
prohibited;
Outdoor dining, outdoor entertainment, open-air entertainment uses, outdoor
speakers and outdoor music shall be prohibited;
al There shall be no variances from the provisions of Section 142-213(b).
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 re-lettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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 /3 day of gi4/ , 201.,
Philip Levine 1,.
Mayor
A ���'ax.14,14
.A;1';\\\
41 ( .4J
-fael E. Gran i •••
City Clerk �1
APPROVED AS TO
=
ORATED FORM & LANGUAGE
FOR EqUTION
14--c‘ ((
25- City Attorney Date
First Reading: June 8, 2016
Second Reading: July 13, 2016
Verified By: I ��
Thomas—. Mooney, AICP
Planning Director
Underline = new language
Strikethrough = deleted language
T:\AGENDA\2016\July\Planning\RM-2 Museum HD CUP-2nd Read ORD.docx
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amendment to the Land Development Regulations modifying the Conditional Use
regulations in the RM-2 Zoning District.
•
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
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 amend the Land Development Regulations by adding a 'hall-for-hire'
to the list of conditional uses in the RM-2 district for certain properties located within the Museum
Local Historic District.
On March 30, 2016 the Land Use and Development Committee recommended approval of the
proposed ordinance. On April 13, 2016, the City Commission referred the item to the Planning Board
for review.
On June 8, 2016, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the proposed Ordinance Amendment at
First Reading and; 3) seta Second Reading Public Hearing for July 13, 2016.
The Administration recommends that the City Commission adopt the ordinance.
Advisory Board Recommendation:
On May 24, 2016, the Planning Board (vote of 4-0), transmitted the proposal to the City Commission
with a favorable recommendation.
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 ssi F to t City ,ana• -r City Manager
WAtaliiMARI�i
v
T:\AGENDA\2016\July\Planning\RM-2 Museum HD •UP-2nd Read SUM.docx
MIAMIBEACH AGENDA ITEM DATE 7-13-2
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: July 13, 2016 SECOND READING — PUBLIC HEARING
SUBJECT: Hall For Hire Use In Museum Hist is District
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 II, "DISTRICT
REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS,"
SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM
INTENSITY," TO AMEND SECTION 142-213, "CONDITIONAL USES," TO
INCLUDE REQUIREMENTS PERTAINING TO HALL FOR HIRE USES FOR
PROPERTIES LOCATED WITHIN THE LOCALLY DESIGNATED MUSEUM
HISTORIC PRESERVATION DISTRICT; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND
On December 9, 2015, at the request of Commissioner Joy Malakoff, the City Commission
referred this request to the Land Use and Development Committee (Item C4A). On January 20,
2016, the Land Use and Development Committee (LUDC) discussed and continued the item to
a date certain of February 17, 2016.
On February 17, 2016, representatives of Temple Emanue-el addressed the LUDC and
summarized their proposal, as well as outreach efforts to surrounding residential structures.
The Land Use Committee directed staff to prepare a draft Ordinance in accordance with the
discussion and continued the matter to March 30, 2016.
On March 30, 2016, the LUDC discussed the item and recommended that the City Commission
refer the request to the Planning Board. On April 13, 2016, the City Commission referred the
proposed ordinance to the Planning Board.
ANALYSIS
The RM-2 residential multifamily, medium intensity district is designed for medium intensity
multi-family residences. The main permitted uses in the RM-2 district are single-family
detached dwellings, townhomes, apartments, apartment-hotels, and hotels. The following are
Commission Memorandum
Museum Historic District—Hall For Hire Use
July 13, 2016 Page 2 of 3
'Conditional Uses' within the RM-2 zoning district:
• Adult Congregate Living Facility;
• Day Care Facility;
• Nursing Home;
• Stand-alone Religious Institutions;
• Private And Public Institutions;
• Schools;
• Commercial or Noncommercial Parking Lots And Garages;
• Accessory Neighborhood Impact Establishment.
Temple Emanue-el, located at 1701 Washington Avenue, was built in 1947 as a religious
institution. In 1975 an activity center was constructed as an addition on the north side of the
property. The subject property is zoned RM-2; the existing structure on site is classified as
'contributing' and is located within the boundaries of the Museum Local Historic District.
The definition of 'religious institution' in section 114.1 of the city code allows for catering of
certain types of events (e.g., weddings, confirmations, and coming-of-age events), but does not
allow for a hall for hire use for private events not covered in the definition. A proposal has been
put forward by Temple Emanuel to expand the type of public and private events allowed on the
property. In order to accomplish this, the code would need to be amended in order to allow for a
hall-for-hire use within the RM-2 zoning district.
The attached ordinance would add a 'hall-for-hire' to the list of conditional uses in the RM-2
district for properties located within the Museum Local Historic District (see attached map
illustrating the boundaries of this area). Such an amendment would not be limited to a single
piece of property, and would give the operators of Temple Emanue-el latitude to accommodate
non-religious events and meetings in the attached accessory structure. Further, as the
proposed hall-for-hire use would require the review and approval of the Planning Board,
appropriate intensities of use, as well operational safeguards would be at the discretion of the
Planning Board.
Additionally, in order to ensure that a future hall-for-hire use is compatible with the medium
scale, residential character of the immediate geographical area, the following has been
incorporated into the proposed code amendment:
• The prohibition of dance halls, entertainment establishments, neighborhood impact
establishments, outdoor entertainment establishments, open air entertainment
establishments and outdoor music (including background music), proposed to be
operated on a permanent basis.
• Stand-alone bars and alcoholic beverage establishments shall be prohibited.
PLANNING BOARD REVIEW
On May 24, 2016, the Planning Board (by a 4-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
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 City Administration evaluated the
Commission Memorandum
Museum Historic District—Hall For Hire Use
July 13, 2016 Page 3 of 3
•
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
On June 8, 2016, the City Commission approved the ordinance at First Reading, with no
changes.
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
JLM/SMT/TRM •
T:WGENDA\2016\July\Planning\RM-2 Museum HD CUP-2nd Read MEM.docx
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8"E I I NEIGHBORS I THURWOYrt 102016
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE REGULATING HALL FOR HIRE
USE IN MUSEUM HISTORIC DISTRICT
JULY 13, 2016
NOTICE IS HEREBY given that a Second Reading, Public Hearing, will be
heard by the Mayor and City Commission of the City of Miami Beach, Florida, In
the Commission Chamber,3rd Floor, City Hall, 1700 Convention Center Drive,
Miami Beach, Florida, on July 13,2016 at 10:05 a.m.,or as soon thereafter as
the matter can be heard,to consider the adoption of the following Ordinance:
An Ordinance 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 Amend
Section 142-213, "Conditional Uses," To Include Requirements Pertaining
• To Hall For Hire Uses For Properties Located Within The Locally Designated
Museum Historic Preservation District;Providing For Repealer;Severability;
Codification; And An Effective Date.
This Ordinance is being heard pursuant to Section 118-164 of the City's Land
Development Code. Inquiries may be directed to the Planning Department at
305.6 73.7550.
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, 1st Floor, City
Hall, Miami Beach, Florida 33139. This item is available for public inspection
during normal business hours in the Office of the City Clerk, 1700 Convention
Center Drive, 1st 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 or
admission of otherwise inadmissible or irrelevant evidence,nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in alternate format, sign language interpreter (five-day
notice required), Information on access for persons with disabilities,and/or any
accommodation to review any document or participate in any City-sponsored
proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then
option 6;TTY users may call via 711 (Florida Relay Service).
Rafael E. Granado, City Clerk
City of Miami Beach
Ad 1166