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Ordinance 2000-3258 ORDINANCE NO. 2000-3258 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN,BY MODIFYING POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT BY ADDING HOTELS TO THE LIST OF USES WHICH MAY BE PERMITTED IN A SPECIFIED AREA OF THE RM-1 LOW DENSITY MULTI FAMILY RESIDENTIAL LAND USE CATEGORY; AND, DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY, INCLUSION IN THE COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach desires to foster the vitality and economic success of the North Beach area; and WHEREAS,during the citywide zoning and land use review that the City undertook in 1998 and 1999,an area of North Beach, generally comprising the Harding Avenue corridor from the City Line to 75th Street, and described generally by Area 37 in the recent zoning and land use map changes,was downzoned from the RM-2 Medium Intensity Multi Family Residential category to the RM-1 Low Intensity Multi Family Residential category in order to insure better compatibility with the existing built character of the neighborhood; and WHEREAS,there exist many small hotels located along the Harding Avenue corridor; and WHEREAS,the previous RM-2 category allows for hotels as a main permitted use,whereas the current RM-1 category does not permit hotels as a permitted use, and during the downzoning process it was acknowledged that by downzoning the area to RM-1, the existing hotels would become legal non-conforming uses; and WHEREAS, the City Commission deems it advisable to reduce the number of legal non- conforming hotels within this area by amending the Comprehensive Plan and City Code to permit the existence of hotels in the referenced area; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF CITY OF MIAMI BEACH COMPREHENSIVE PLAN. That Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element of The City of Miami Beach Comprehensive Plan is hereby modified as follows: Low Density Multi Family Residential Category(RM-1) Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and/or new low density multi family residential areas. Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings and multiple family dwellings;hotels, for properties fronting Harding Avenue or Collins Avenue, from the City Line on the north, to 73rd Street on the south. SECTION 2. REPEALER. That 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. INCLUSION IN COMPREHENSIVE PLAN. It is the intention of the City Commission, and it is hereby ordained that Section 1 is made part of the City of Miami Beach Comprehensive Plan, 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 5. EFFECTIVE DATE. This Ordinance shall take effect on the 22nd day of July ,2000,however,the effective date of any plan amendment shall be in accordance with Section 163.3184, Florida Statutes. PASSED and ADOPTED this 12th day of July , 2000. ATTEST: MAYOR d 19V-01A- APPROVED AS TO �� FORM & LANGUAGE CITY CLERK &FOR EXECUTION 1st reading 3/15/00 2nd reading 7/12/00 /f( Z=l 6-1Z1 F:\PLAN\$PLB\FEB\HARD1442\1442COMP.ORD ity Attorney Date CITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ttp:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. 5-44-4 TO: Mayor Neisen O. Kasdin and DATE: July 12,2000 Members of the City Commission FROM Lawrence A. Levy City Manage .4i 16 SECOND READING PUBLIC HEARINGS SUBJECT: Ordinance - Hotels as Permitted Uses in RM-1 and CD-2 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 142-152 Entitled "Main Permitted Uses" by Adding Hotels to the List of Main Permitted Uses in a Specified Area of the RM-1 Residential Multifamily Low Intensity Zoning District Bounded by the City Line on the North, Collins Avenue on the East, 75th Street on the South, and Abbott Avenue on the West; Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-302 Entitled "Main Permitted Uses" by Adding Hotels to the List of Main Permitted Uses in the CD-2 Commercial Medium Intensity Zoning District; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. -and- Comprehensive Plan Text Amendment - Hotels as Permitted Uses in RM-1 An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Part II: Goals, Objectives and Policies of the City of Miami Beach Comprehensive Plan, by Modifying Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element by Adding Hotels to the List of Uses Which May Be Permitted in a Specified Area of the RM-1 Low Density Multi Family Residential Land Use Category; And, Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed Ordinance amending the Land Development Regulations of the City Code, and also adopt the companion Comprehensive Plan text amendment. AGENDA ITEM T`AGENDA\2000',JUL1200\REGULAR\I442CMM2.IVPD DATE 1-` _ Commission Memorandum • July 12, 2000 L.D.R. Ordinance -Hotels as Permitted Uses in RM-1 and CD-2 Comprehensive Plan Text Amendment-Hotels as Permitted Uses in RM-1 Page 2 • ANALYSIS During the public hearings for the citywide 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. At the time of the rezoning of the portion of North Beach known as Area 37, on November 4, 1998, the Administration had identified that there were several hotels located in the Harding Avenue corridor. Concern was expressed that the rezoning of this area from RM-2 to RM-1 would render these hotels as non-conforming uses, as hotels were permitted uses in the RM-2 district but not in the RM-1 district. The Commission directed the Planning Department to continue to study the Harding Avenue Corridor, and to bring back to the Commission a proposal to address the hotels in this area which were rendered legal non- conforming in status by the rezoning of area 37. Currently, the main permitted uses in the RM-1 residential multifamily, low density district are single-family detached dwellings, townhomes and apartments. A large area of North Beach was rezoned from RM-2 to RM-1 as part of the citywide rezonings enacted by the City last year. While the rezoning of the area achieved its purpose of ensuring that any future development would remain in keeping with the predominant scale and characteristics of the surrounding neighborhood, one effect of the downzoning was to render a number of hotels in the area, especially in the Harding Avenue corridor, as legal non-conforming uses. The Administration believes that it advisable to reduce the number of legal non-conforming uses within the City. This can be accomplished by amending the City Code to permit the existence of hotels in a specified area of the RM-1 zoning district. This proposed amendment to the Land Development Regulations of the City Code would allow hotels as a main permitted use in those areas of the RM-1 district fronting Harding Avenue and Collins Avenue, from the City Line on the north, to 73rd Street on the south. The result of this provision would be to return those hotels located in the area(see attached map for the location of hotels in the Harding Avenue corridor area) to conforming status. The economic viability of the area will be enhanced by ensuring that existing hotels that are somehow damaged over 50%of their value can be rebuilt, and allowing new hotels to locate in this area of North Beach as well. Subsequent to the rezoning of area 37, a challenge was lodged by an affected property owner located on Collins Avenue and 75th Street. In his complaint to the Department of Community Affairs challenging the downzoning of his property from RM-2 to RM-1, it was argued that although this particular property owner already held a valid building permit, his ability to operate a hotel on the property was taken away, as the RM-1 district did not permit hotels. As part of the ongoing settlement of this claim, the City has indicated that the creation of this hotel overlay district would address the problem,and the property owner has agreed to drop the challenge to the rezoning if the hotel overlay district is enacted to include his property. The Administration also T:W GENDA\2000UUL 1200\REGULAR\I442CMM2.W PD Commission Memorandum July 12, 2000 Ordinance - Hotels as Permitted Uses in RM-1 and CD-2 Comprehensive Plan Text Amendment-Hotels as Permitted Uses in RM-1 Page 3 • ANALYSIS (Continued) believes that the overlay district should include those properties along the west side of Collins Avenue, which are currently vacant land owned by the State, and are the subject of proposed redevelopment plans which could be enhanced by the possibility of hotel uses on some of the properties. Hotels in the CD-2 Commercial Medium Intensity Zoning District The Planning Department has identified an anomaly in the Land Development Regulations which should be addressed by this amendment. Currently, in the CD-2 Commercial Medium Intensity zoning district, the code permits commercial uses, as well as apartments and apartment/hotels. However, hotels are not specified as a main permitted use. The Administration has identified certain CD-2 areas within the City which currently contain hotels, such as portions of Washington Avenue in South Beach. Because hotels are not a specified main permitted use, these hotels currently have legal non-conforming status. The Administration believes that hotels are an acceptable use in these districts, and that the code should be amended to render the existing hotels in these districts as conforming. The anomaly is that hotels are a permitted use in the CD-2 district in the City's Comprehensive Plan, but not in the Land Development Regulations. The proposed amendment to the Land Development Regulations would add hotels to the list of main permitted uses in the CD-2 zoning district,thereby bringing the existing hotels into conformity, and rendering the City Code more consistent with the Comprehensive Plan. At its February 29, 2000 meeting, the Planning Board voted 7-0 to recommend approval of the proposed amending ordinance, with the recommendation that the Planning Department prepare a companion ordinance addressing accessory uses in those hotels that would be permitted by the subject amendments. The Planning Department prepared the companion ordinance,which prevents the small hotels in the subject Harding Avenue corridor from having extensive bars or restaurants which might cause problems in the neighborhood, and it was adopted by the City Commission on May 24, 2000. Additionally, the Florida Department of Community Affairs has completed its preliminary review of the proposed amendment, and no objections were raised. Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing, the amending ordinances to the Future Land Use Element of the City's Comprehensive Plan and to Section 142 of the Land Development Regulations of the Code of the City of Miami Beach, Florida, as they would permit hotels as a main permitted use in a specified area of the RM-1 zoning district. The Land Development Regulations amendment would also permit hotels as a main permitted use in the CD-2 zoning district, thereby improving consistency with the Comprehensive Plan. ,2 14 LAL\JGG\RGL T:\AG EN DA\2000UUL 1200\REGULAR\I442CMM2.W P D • CITY OF MIAMI BEACH HOTELS WITH OCUPATIONAL LICENSE (A) ..... _ . latii EaE RM-2 sera (11) II INN ril . �r1InhIII!flrmIIfl%„,- Anniglitimumiumito i Lt=ar 0 ■_sa __ m ,*() INIEHIMIMMIMMUN III ff, .1112,,. iii .MIIMIONP :------'277t --. - 6 , 51.1111i all wg, ., �G iiJgii -uI1 ik!IIIji1 fa numinimmuim 1IIIIIIllIIIIIIIIII "I'HillillN ; =,i!I4i la :=II. di . OS , ttr aft ••, -..i-t, as 1 ki - !r- = . . . .:7,:: : 7 s — f.l.H-1-1-til Idl- # .441Ls a moo 1 a** Asi: _--=--__. xlibtouir do, , *4 ma es ,,,,ra s. .mume k-_f_.-- lindimerop gn..= wpm Kim, 1 4111011111r1.111.111 i t---- 111110 rt V. 0. 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R■U - ' ° ''' HOTELS TO BE INCLUDED IN 401011 ��, ��IIIII�� \' I '_ MEI �� 111"`I ®M HOTELS OVERLAY 't 01111111111111 ♦ =11011043 ® Mill MN 101 N O N a - 0 • zz o 1, .� O . 0 1-) ,��