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Ordinance 2000-3246 ORDINANCE NO. 2000-3246 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS", SECTION 142- 902, ENTITLED "PERMITTED ACCESSORY USES", BY LIMITING PERMITTED ACCESSORY USES FOR HOTELS LOCATED IN CERTAIN RESIDENTIAL MULTI-FAMILY ZONING DISTRICTS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is in the process of considering amendments to the Land Development Regulations and the Comprehensive Plan,which would allow hotels in the RM-1 zoning district as a main permitted use, in order to reduce the number of legal non-conforming uses within the City; and WHEREAS,there exist several small hotels located in the RM-1 zoning district, for example along the Harding Avenue corridor, which would be affected by the proposed ordinances; and WHEREAS, the City wishes to insure that while reducing the number of legal non- conforming uses within the City,these new ordinances do not permit inappropriate accessory uses in those hotels located in the RM-1 zoning district in order to insure better compatibility with the existing built character of the neighborhood; WHEREAS, hotels are a main permitted use in the RM-2 zoning district, and WHEREAS,the City wishes to insure that accessory uses associated with hotels located in the RM-2 district do not impact negatively on the health, safety and general welfare of the residents of the surrounding neighborhoods; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 142-902, entitled "Permitted Accessory Uses" of Chapter 142, entitled "Zoning Districts and Regulations", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: 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. (C) Where permitted,hotels located in the RM-1 district may have accessory uses based upon the below criteria: a. A dining room operated solely for registered hotel visitors and their guests, located inside the building and not visible from the street, with no exterior signs, entrances or exits except as required by the South Florida Building Code. b. Other accessory uses customarily associated with the operation of an apartment building, as referenced in Section 142-902(2) of this code, for the use of registered hotel visitors and their guests only. SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA 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. 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 on the 3rd day of June , 2000. PASSED and ADOPTED this 24th day of May , 2000. ATTEST:, AYOR k�w�(J4.1,(X,� CITY CLERK RGL/rgl F:\PLAN\$PLB\MAR\HARD1446\1446OR3.WPD APPROVED AS TO 1st reading 4/12/00 FORM & LANGUAGE 2nd reading 5/24/00 &FOR EXECUTION City Atto ' Date CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING 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 Wednesday, May 24, 2000, at 5:00 p.m., to consider the adoption of the following ordinance: AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS", SECTION 142-902, ENTITLED "PERMITTED ACCESSORY USES", BY LIMITING PERMITTED ACCESSORY USES FOR HOTELS LOCATED IN CERTAIN RESIDENTIAL MULTI-FAMILY ZONING DISTRICTS;PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Inquiries may be directed to the Planning Department at(305) 673-7550. ALL 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, do the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall,Miami Beach,Florida 33139. Copies of this ordinance are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach 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. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk's office no later than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:V ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. (4-2 S--CDS TO: Mayor Neisen O.Kasdin and DATE:May 24,2000 Members of the City Commission FROM: Lawrence A.Levy City Manager PUBLIC HEARING SECOND READING SUBJECT: Ordinance - Hotel Accessory Uses in the RM-1 and RM-2 Districts An Ordinance of The Mayor And City Commission of The City of Miami Beach, Florida Amending The Code of The City of Miami Beach, Florida, Amending Chapter 142,Entitled "Zoning Districts And Regulations", Section 142-902, Entitled "Permitted Accessory Uses", by Limiting Permitted Accessory Uses For Hotels Located in Certain Residential Multi-family Zoning Districts; Providing For Inclusion in The Code of The City of Miami Beach, Florida; Repealer; Severability; And an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed amending Ordinance. ANALYSIS In the process of discussing a possible hotel overlay district for the Harding Avenue corridor, which would permit hotels as a main permitted use in a specified area of the RM-1 zoning district, the Planning Board directed the Planning Department staff to prepare a companion ordinance addressing accessory uses for hotels in the residential multi-family zoning district. During the public hearings for the comprehensive zoning changes enacted by the City last year, the issue of hotels in the Harding Avenue corridor of North Beach was discussed by both the Planning Board and the City Commission. To address the concerns that the rezoning of the Harding Avenue area from RM-2 to RM-1 would render existing hotels as non-conforming uses, the Planning Department has studied the Harding Avenue Corridor. A proposal to permit hotels in a specified area of the RM-1 district has been prepared and brought to the Planning Board and Commission. The Planning Board, at its February 29, 2000 meeting, recommended approval of the proposal, and at the March 15, 2000 Commission meeting, the Commission approved the proposal on first reading. AGENDA ITEM 4-SE DATE T:\AGENDA\2000\MAY2400\REGULAR\1446CMM2.WPD 1 Commission Memorandum May 24, 2000 Ordinance-Hotel Accessory Uses in the RM-1 and RM-2 Districts Page 2 ANALYSIS (Continued) However,the Planning Board expressed the concern,and the Commission subsequently affirmed, that accessory uses for such hotels in low intensity residential districts must not become a problem which could cause negative impacts to surrounding neighborhoods. The Planning Department was directed to prepare a companion ordinance that ensured that nightclubs and similar entertainment establishments would not be located in hotels within previously non-commercial residential neighborhoods, not previously oriented towards entertainment uses. Currently, hotels located in any zoning district may have accessory uses "customarily associated with apartment buildings or hotels". In practice,this means that hotels may also have restaurants, bars, and even nightclub type dance halls located within the hotel itself. This liberal allowance for accessory uses is perfectly acceptable in the City's higher intensity zoning districts such as the RM- 3 Multi-family High Intensity district, the MXE Mixed Use Entertainment district and the City's commercial zoning districts. However, in lower intensity residential districts, these uses may not be desirable, as they have the potential for generating negative impacts such as noise, traffic and parking problems for the surrounding neighborhood. The companion ordinance creating a specified area of the RM-1 district along Harding Avenue and Collins Avenue in North Beach within which hotels will be permitted regularizes the existing hotels which have become legal non-conforming uses. However, in order to prevent such unwanted accessory uses from becoming associated with these small hotels, this ordinance seeks to limit the allowable accessory uses for hotels in the RM-1 district by prohibiting nightclub type establishments and also restaurants not primarily operated for the hotels registered guests. In this way, hotels in this area will remain the quiet, low intensity type of establishments which characterize this low rise neighborhood. The potential for inappropriate accessory uses within hotels exists for the RM-2 Medium Intensity zoning district as well. There are areas of the City, such as James Avenue north of 17th Street, which are zoned RM-2, thereby permitting hotels,but which are made up primarily of apartment buildings and condominiums which could be affected by particularly intense nightclub type activities within the permitted hotels in the district. As this issue has come up before the land use boards on several occasions,this ordinance has also addressed the RM-2 zoning district by limiting nightclub type accessory uses within hotels in this district as well. The primary distinction made by the proposed ordinance between RM-1 and RM-2 is that hotels in the RM-2 district could continue to have restaurants,while those hotels newly permitted in the RM-1 low intensity district would be limited to restaurants that cater primarily to registered hotel guests. T:\AGENDA\2000\MAY2400\REGULAR\1446CMM2.W PD 2 Commission Memorandum May 24, 2000 Ordinance-Hotel Accessory Uses in the RM-1 and RM-2 Districts Page 3 ANALYSIS (Continued) At its March 28, 2000 meeting, the Planning Board voted 6-0 to recommend approval of the proposed amending ordinance. The City Commission, at its April 12, 2000 meeting, voted to approve the proposed amending ordinance on first reading. Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing, the proposed amending ordinance to Section 142 of the Land Development Regulations of the Code of the City of Miami Beach,Florida,as it would limit hotels • in the RM-1 and RM-2 zoning districts from having nightclub type accessory uses. This will ensure that hotels located in the City's low and medium intensity residential multi-family zoning districts do not have the potential to generate negative impacts to their surrounding neighborhoods. 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