LTC 302-2018 ShortTerm Rental Occupancies - Discussion of the PlOFFICE OF THE CITY MANAGER
NO. LTC# 302-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members o j" he City Co ission
FROM: Jimmy L. Morales, City Manage
DATE: May 29, 2018
SUBJECT: Short Term Rental Occupancie 4; Discussion of The Planning Board
On October 11, 2017, as part of the review of an Ordinance pertaining to occupancy limitations
for hotel units and hostels, the Land Use and Development Committee (LUDC) recommended
that the City Commission refer a separate discussion on short term rental occupancies to the
Planning Board. On December 13, 2017, the City Commission referred this discussion to the
Planning Board, and requested that the Board discuss the potential to also include occupancy
limits for the short term rental of apartment units.
This referral was made in conjunction with code amendments establishing occupancy limits for
hotels and hostels in residential zoning districts where they are allowed. Absent any limitations
in the Land Development Regulations, occupancies for apartment units are limited by the
Building Code and Life -Safety requirements.
On February 27, 2018, the Planning Board discussed this item and continued the discussion to a
future date. On May 22, 2018 the Planning Board discussed the item in more detail, and did not
recommend any changes to the current Code regarding occupancy limits for apartment units that
are permitted to have short term rentals. Attached is a copy of the Planning Board discussion
memo.
Tar
JLM/SMT/TRM
C: Raul Aguila, City Attorney
Rafael Granado, City Clerk
F:\PLAN\$ALL\CM_RESP\2018\LTC - PB STR Occupancy Recommendationitc.docx
MIAMIBEACH
PLANNING DEPARTMENT
Staff Report & Recommendation Planning Board
TO: Chairperson and Members DATE: May 22, 2018
Planning Board
FROM: Thomas R. Mooney, AICP
Planning Director
SUBJECT: DISCUSSION: Short Term Rental Occupancies
HISTORY
On October 11, 2017, as part of the review of an Ordinance pertaining to occupancy limitation
for hotel units and hostels, the Land Use and Development Committee (LUDO) recommended
that short term rental occupancies be reviewed as part of a separate referral by the City
Commission to the Planning Board.
On December 13, 2017, the City Commission referred this discussion item to the Planning
Board.
On February 27, 2018, the Planning Board discussed this item and continued the discussion to
a future date.
DISCUSSION
Recently the City Code was amended to put in place occupancy limits for hotel units located in
residential zoning districts in accordance with the following:
Section 142-1105(c)(3) Hotels located in the C-PS2, R-PS3, R-PS4, RM -1, RM -2
and RM -3 zoning districts shall not exceed the following occupancy limits per
individual unit:
a. For units less than 335 square feet, occupancy shall be limited to four (4)
persons.
b. For units between 335 and 485 square feet, occupancy shall be limited to six (6)
persons.
c. For units larger than 485 square feet, occupancy shall be limited to eight (8)
persons.
d. No hotel unit may be occupied by more than eight (8) persons.
Planning Board
Discussion — Short Term Rental Occupancies
May 22, 2018
The code was also recently amended to include a definition for hostel and occupancy limits in
the residential zoning districts where they are allowed (RM -2 and RM -3) in accordance with the
following:
Section 142-1105(b)(2) Hostels shall be permitted in the RM -2 and RM -3 zoning
districts, provided the occupancy of a hostel shall not exceed the following limits per
individual unit:
a. For units less than 335 square feet, occupancy shall be limited to four (4)
persons.
b. For units between 335 and 485 square feet, occupancy shall be limited to six (6)
persons.
c. For units larger than 485 square feet, occupancy shall be limited to eight (8)
persons.
d. No hostel unit may be occupied by more than eight (8) persons
For reference, Hostels are only permitted in the following zoning districts:
RM -2 (Except for properties located in the Palm View Neighborhood and West Avenue Corridor)
RM -3 (Except for properties located in the West Avenue Corridor)
CD -2
CD -3
MXE
CPS -3
CPS -4
TC -1
TC -2
With the exceptions noted in Section 142-111 (attached), short term rental of apartment units
are prohibited in RM -1, RM -PRD, RM -PRD -2, RPS -1 and RPS -2, CD -1, RO, RO-3 or TH for
periods of Tess than six months and one day.
Short term rental of apartment units are generally allowed in zoning districts which include a
hotel use as a main permitted use (in accordance with the requirements of Section 142-111).
However, if an apartment unit is part of a condominium association, and that association does
not allow the short term rental of an apartment unit, such rental will not be authorized by the
City.
In light of the recent code amendments with occupancy limits put in place for hotels and hostels
in the residential zoning districts where they are allowed (RM -2 and RM -3, except as noted
above), the City Commission requested that the Planning Board discuss the potential to also
include occupancy limits for the short term rental of apartment units. Absent any limitations in
Planning Board
Discussion — Short Term Rental Occupancies
May 22, 2018
the Land Development Regulations, occupancies are limited by the Building Code and Life -
Safety requirements.
Staff would recommend the following be considered as part of the discussion:
-plicable Zoning Districts. The occupancy limits in place for hotels and hostels only applies
to RM -2 and RM -3 districts (where allowed). It may be reasonable to place any limitations on
short term rental occupancies to the same zoning districts.
- Unit Sizes. Unlike hotel units and hostel rooms, apartment unit sizes are typically much larger
with one or more bedrooms, and generally are larger than 800 SF, which is the minimum
average unit size for the construction of new apartment units in most areas of the City. Some
short term rental apartments could be several thousand square feet.
- Current limits of Condo -Docs. It is also customary that, just as rental restrictions may be in
place for residential condominiums, condominium documents typically already place limits on
occupancies.
- Enforcement. Also unlike a hotel, an apartment unit is not under the control or management of
a single company that that can more easily manage and enforce occupancy restrictions.
- Application requirements. Currently a floor plan is not part of the review process for the short
term rental of an apartment unit. If occupancy limits are put in place, a floor plan will have to be
submitted, which should be something that was approved by the City with a previous building
permit to ensure that the area of the unit and the unit layout including the number of bedrooms
is accurate.
RECOMMENDATION
The staff recommends that the Planning Board discuss the item and provide appropriate
recommendations to the City Commission.
TRM/MAB
F:\PLAN\$PLB\2018\5-22-181Discusslon - short term rentals\Discussion - Short term rental occupancies.docx