Resolution 2020-31354 RESOLUTION NO. 2020-31354
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, APPROVING, FOLLOWING SECOND
READING/PUBLIC HEARING, A DEVELOPMENT AGREEMENT AS
AUTHORIZED UNDER SECTION 118-4 OF THE CITY CODE, AND
SECTIONS 163.3220 — 163.3243, FLORIDA STATUTES, BETWEEN
THE CITY AND TSAY INTERNATIONAL, INC. (THE"OWNER"), WHICH
DEVELOPMENT AGREEMENT PROVIDES FOR THE OWNER'S
VOLUNTARY CONSENT TO THE DESIGNATION OF THE PROPERTY
AT 2301 NORMANDY DRIVE (THE "DEVELOPMENT SITE") AS AN
INDIVIDUAL HISTORIC SITE, PURSUANT TO CHAPTER 118,ARTICLE
X, DIVISION 4 OF THE CITY CODE, SUBJECT TO AND CONTINGENT
UPON THE CITY COMMISSION'S ENACTMENT OF CERTAIN
AMENDMENTS TO THE CITY CODE, LAND DEVELOPMENT
REGULATIONS, AND COMPREHENSIVE PLAN, AT THE CITY
COMMISSION'S SOLE DISCRETION.
WHEREAS, Tsay International, Inc., a Florida corporation (the "Owner"), owns the
property located at 2301 Normandy Drive(the"Property" or"Development Site"); and
WHEREAS, on May 9, 2017, the Historic Preservation Board ("HPB") directed the City's
Planning Department to prepare a Preliminary Evaluation and Recommendation Report
("Preliminary Designation Report") relative to the possible designation of the Property as an
individual local historic site; and
WHEREAS, on October 10, 2017, the HPB reviewed the Preliminary Designation Report
and directed the City's Planning Department to prepare a Formal Designation Report for the
Property; and
WHEREAS, on June 10, 2019, the HPB recommended in favor of the proposed
designation; and
WHEREAS, the Owner intends to provide its voluntary consent to the designation of the
Property as an individual historic site, pursuant to the applicable provisions in Chapter 118,Article
X, Division 4 of the City Code, subject to and contingent upon the City Commission's enactment
of certain amendments to the City Code, Land Development Regulations, and Comprehensive
Plan, at the City Commission's sole discretion; and
WHEREAS, the proposed amendments to the Comprehensive Plan would permit hotels,
apartment hotels, and suite hotels on individually designated hotel sites located north of
Normandy Drive; and
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WHEREAS, the proposed amendments to the Land Development Regulations would, as
applicable to properties located north of Normandy Drive, with a lot area greater than 30,000
square feet, which are individually designated as an historic site, (i) list hotels, apartment hotels,
and suite hotels as a permitted use; (ii) identify accessory outdoor bar counters, accessory
outdoor and open air entertainment establishments with ambient .performances only, and
accessory neighborhood impact establishments as conditional uses; (iii) list retail, restaurants
with or without accessory bars, and personal services as accessory uses; (iv) provide for a
maximum building height of 80 feet; (v) amend parking requirements; and (vi) create an
exemption from all applicable distance separation requirements for the sale of alcoholic
beverages, including from educational facilities; and
WHEREAS, the Owner has proposed that the Owner and the City memorialize these
terms in a development agreement, pursuant to Chapter 163 of the Florida Statutes; and
WHEREAS, on June 12 and July 24, 2019, the Land Use and Development Committee
("LUDC") reviewed the proposed development agreement and recommended that the City
Commission consider a draft development agreement at First Reading on September 11, 2019,
and refer the applicable Comprehensive Plan and Land Development Regulation amendments
to the Planning Board; and
WHEREAS, on September 11, 2019, the City Commission held a lengthy discussion and,
based upon concerns pertaining to the operation of the existing hotel, deferred action on the
Development Agreement for six months; and
WHEREAS, on May 13, 2020, the Owner made a presentation to the City Commission,
including an update on the operational and public safety issues associated with the existing hotel;
and
WHEREAS, following the presentation, the City Commission directed the Administration
to schedule First Reading on the proposed Development Agreement on June 24, 2020; and
WHEREAS, Sections 163.3220 = 163.3243, Florida Statutes, and Section 118-4 of the
City's Code require two public hearings to approve a Development Agreement; and
WHEREAS,the City and the Owner have negotiated the Development Agreement,a copy
of which is attached hereto as Exhibit"A" (the"Development Agreement"); and
WHEREAS, on June 24, 2020, the City Commission approved the Development
Agreement,following First Reading/Public Hearing, and set the Second and Final Reading of the
Development Agreement for a time certain at 10:10 a.m. on July 29, 2020; and
WHEREAS, for the reasons as outlined in the Commission Memorandum accompanying
this Resolution, the Administration recommends that the City Commission approve the
Development Agreement on Second Reading/Public Hearing.
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, following Second Reading/Public Hearing, a Development
Agreement as authorized under Section 118-4 of the City Code, and Sections 163.3220 —
163.3243, Florida Statutes, between the City and Tsay International, Inc. (the "Owner"), which
Page 1665 of 2461
Development Agreement provides for the Owner's voluntary consent to the designation of the
property at 2301 Normandy Drive(the"Development Site")as an individual historic site, pursuant
to Chapter 118, Article X, Division 4 of the City Code, subject to and contingent upon the City
Commission's enactment of certain amendments to the City Code, Land Development
Regulations, and Comprehensive Plan, at the City Commission's sole discretion.
PASSED and ADOPTED this aq day of �u(y 2020.
ATTEST:
tS6 Dan Gelber
Raf el ranado Mayor
City Clerk
.IIICORP ORATED = APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
�L (- ( 1? f z 0
City Attorney QV._ Date
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Resolutions -R7 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29,2020
10:10 a.m. Second Reading Public Hearing
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, APPROVING, FOLLOWING SECOND
READING/PUBLIC HEARING, A DEVELOPMENT AGREEMENT AS
AUTHORIZED UNDER SECTION 118-4 OF THE CITY CODE, AND
SECTIONS 163.3220 — 163.3243, FLORIDA STATUTES, BETWEEN THE
CITY AND TSAY INTERNATIONAL, INC. (THE "OWNER"), WHICH
DEVELOPMENT AGREEMENT PROVIDES FOR THE OWNER'S
VOLUNTARY CONSENT TO THE DESIGNATION OF THE PROPERTY AT
2301 NORMANDY DRIVE (THE "DEVELOPMENT SITE") AS AN
INDIVIDUAL HISTORIC SITE, PURSUANT TO CHAPTER 118, ARTICLE X,
DIVISION 4 OF THE CITY CODE, SUBJECT TO AND CONTINGENT UPON
THE CITY COMMISSION'S ENACTMENT OF CERTAIN AMENDMENTS TO
THE CITY CODE, LAND DEVELOPMENT REGULATIONS, AND
COMPREHENSIVE PLAN, AT THE CITY COMMISSION'S SOLE
DISCRETION.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Resolution, and
approve the attached Development Agreement with Tsay International, Inc. ("Owner), the
Owner of the International Inn at 2301 Normandy Drive(the"Property").
The Development Agreement, in pertinent part, provides for the Owner's voluntary consent to
the designation of the property at 2301 Normandy Drive as an individual historic site, pursuant to
Chapter 118,Article X, Division 4 of the City Code, subject to the City Commission's enactment
of certain amendments to the City's Land Development Regulations, and Comprehensive Plan,
which amendments are summarized below.
BACKGROUND/HISTORY
On July 25, 2018, at the request of Commissioner Ricky Arriola, the City Commission referred
a discussion item to the Land Use and Development Committee (LUDC) pertaining to the
proposed designation of the International Inn at 2301 Normandy Drive (item C4K). On
September 28, 2018, the LUDC deferred the item to October 31, 2018; the item was then
deferred to February 20, 2019.At the February 20, 2019 meeting, the item was deferred to the
Page 1657 of 2461
April 3, 2019 meeting. At the April 3, 2019 meeting, the Committee deferred the discussion to
the May 22, 2019 meeting.At the May 22, 2019 meeting, the item was deferred to the June 12,
2019 meeting.
On June 12, 2019, the LUDC discussed the item and continued it to a date certain of July 24,
2019. Additionally, the LUDC reviewed drafts of a proposed development agreement and City
Code, Comprehensive Plan, and LDR amendments. The LUDC also heard testimony from
representatives of the Police Department regarding public safety issues and related activity at
the Property and calls for service. The LUDC requested that the Owner meet with the Police
Department to address ongoing issues at the Property. Additionally, the LUDC recommended
that the proposed amendments to the LDRs be further studied, particularly as it pertained to
required parking, as well as outdoor entertainment and outdoor bars.
Following a discussion on July 24, 2019, the LUDC recommended that the subject City Code,
Comprehensive Plan, and LDR Amendments be referred to the Planning Board, with the
following modifications:
1. Create a mechanism to permit outdoor ambient entertainment.
2. In lieu of waiving minimum parking requirements, increase the maximum distance for off-site
storage of vehicles.
Additionally,the LUDC recommended that the City Commission:
1. Review and approve the draft Development Agreement at First Reading on September 11,
2019.
2. Refer the applicable City Code, Comprehensive Plan, and LDR Amendments to the
Planning Board.
On September 11, 2019, the City Commission considered the proposed Development
Agreement at First Reading (item R7D). After a lengthy discussion, and based upon concerns
pertaining to the operation of the existing hotel, the City Commission deferred action on the
Development Agreement for six months.
On May 13, 2020,the Owner made a presentation to the City Commission, including an update
on the operational and public safety issues associated with the existing hotel. Following the
presentation, the City Commission directed the Administration to schedule First Reading of the
proposed Development Agreement on June 24,2020.
ANALYSIS
HISTORIC PRESERVATION BOARD ACTION
On May 9, 2017, the Historic Preservation Board (HPB) adopted a motion requesting that the
Planning Department prepare a preliminary evaluation and recommendation report relative to the
possible designation of the Property as a local historic site ("Preliminary Designation Report").
On October 10, 2017,the HPB reviewed the Preliminary Designation Report, and directed staff
to prepare a formal Designation Report for the International Inn Historic Site.
Page 1658 of 2461
Pursuant to Section 118-591 of the City Code, on October 12, 2017 the City Commission was
advised of the action of the HPB via LTC 488-2017. No action was taken by the City
Commission to modify the proposed designation; therefore, the request for designation moved
forward as proposed by the Board.
On June 11, 2018, the HPB continued the proposed historic designation to a date certain of
July 10, 2018, at the request of the Owner. On July 10, 2018, the HPB continued the proposed
historic designation to a date certain of September 17, 2018. On September 17, 2018, the
Planning Department presented the Formal Designation Report for the proposed International
Inn Historic Site, and the HPB continued the matter to a date certain of January 8, 2019.
On January 8, 2019, the Planning Department presented supplemental information regarding
the public interior of the proposed International Inn Historic Site, and the HPB continued the
review of the Historic Designation Report to a date certain of March 11, 2019. On March 11,
2019, the HPB discussed the application and continued the matter to the June 10, 2019
meeting.
On June 10, 2019, the HPB recommended in favor of the proposed designation. This
recommendation of the HPB in favor of historic site designation does not, on its own, result in
the designation of the Property as an historic site. Subsequent to the recommendation of the
HPB, an application for an Ordinance amendment designating the International Inn as an
historic site will now be submitted to the Planning Board for review and a recommendation to the
City Commission (the "Designation Ordinance"). Once the Planning Board transmits the
Designation Ordinance to the City Commission, two readings and a public hearing are required
before the Ordinance may be adopted. The designation of the Property as an historic site would
only become final once the Designation Ordinance is adopted.
Please note that the proposed designation of the Property as an historic site is separate and
apart from the City Code, Comprehensive Plan, and LDR amendments proposed in the
attached Development Agreement, and may proceed on its own, separate track. However, as
proposed by the Owner,the proposed City Code, Comprehensive Plan,and LDR amendments
would be scheduled for Planning Board review and adoption by the City Commission prior to
consideration of the designation by the Planning Board and City Commission.
PLANNING AND LEGAL ANALYSIS
As noted above, the HPB has recommended in favor of the designation of the Property as an
historic site. The Owner has studied redevelopment options for the site, submitted the initial
draft of the Development Agreement for review by the Administration and City Attorney.
The Development Agreement contemplates certain amendments to the City Code (specifically,
at Chapter 6, entitled "Alcoholic Beverages"), the Comprehensive Plan, and the Land
Development Regulations. These proposed amendments are attached to the draft
Development Agreement and require a separate referral to the Planning Board. The following is
a brief summary of the requested amendments (the"Proposed Amendments"):
1.Allow for a hotel as a main permitted use with accessory uses, on properties within the RM-1
zoning district located north of Normandy Drive that have a lot area greater than 30,000 square
feet and are designated as a local historic site. Currently, hotels are a prohibited use in the RM-1
zoning district.
2. Increase allowable building height from 55'-0" to 80'-0".
Page 1659 of 2461
3. Relax the maximum distance requirement for providing required parking off-site.
4. Create an exemption from distance separation requirements for establishments selling or
offering alcoholic beverages for consumption on-premises.
5.Allow restaurants serving alcoholic beverages as an accessory use to a hotel.
6. Subject to conditional use approval, allow for a neighborhood impact establishment, ambient
outdoor entertainment performances, and an outdoor bar counter(as accessory uses to a hotel).
Pursuant to the attached Development Agreement, if the Proposed Amendments are adopted,
the Owner would agree to voluntarily consent to and support the designation of the I ntemational
Inn as an individual local historic site. From a sequencing standpoint, as requested by the
Owner, the Development Agreement provides that the Proposed Amendments would be
presented to the City Commission for adoption prior to the adoption of the Designation
Ordinance.
UPDATE
On September 11, 2019, the Administration advised the City Commission that, following
discussions between the parties,the City and the Owner had agreed to the following terms:
1. Increase the radius to one (1) mile for any off-site parking provided outside City limits;
2. Shorten the term of the Development Agreement from 30 years to 20 years;
3. Confirm that the Property would be vested as to the land development regulations in effect as
of the date of the Development Agreement(including the Proposed Amendments, if adopted);
4. Revise the proposed Comprehensive Plan amendment to conform to terms used in the City
Code, relative to permitted uses.
On May 13, 2020, the Administration and the Owner presented the following update to the City
Commission regarding applicable Code Compliance and Police Department activity at the
Property since the September 11,2019 City Commission meeting:
• All previous Code Compliance and Building Department violations have been closed.
Currently there are no active City Code or Building violations.
• There were 4 calls for service reported by the Police Department during the period between
October 26 and December 26, 2019.
Additionally, the Owner obtained a building permit for a new fence at the front of the property on
February 19, 2020 (BC2012860), in order to improve the security of the property.
The Administration and the City Attorneys office are pleased to advise the City Commission
that, following additional discussions, there are currently no outstanding issues pertaining to the
Proposed Amendments. Since First Reading on September 11, 2019, the Owner has agreed
to the following additional terms:
1. The lobby bar, and any other bar on the property, shall only be permitted as an accessory use
to a restaurant.
2. Outdoor and open-air ambient entertainment shall be subject to conditional use approval from
the Planning Board.
3. The hours for outdoor ambient entertainment shall be limited from 10:00 a.m. to 10:00 p.m,
unless modified by the Planning Board through the conditional use process.
4. Conditional use approval shall be required for an accessory outdoor bar counter.
Page 1660 of 2461
In conclusion, the Administration believes that proposed draft Development Agreement
represents a balanced approach to ensure the long term economic and cultural viability of a
desired historic asset. The International Inn represents an outstanding example of post-war
modem architecture and is a gateway icon into North Beach. As such, it is recommended that
the attached Development Agreement move forward.
UPDATE
The subject Development Agreement was approved at first reading on June 24, 2020.
Additionally,the City Commission referred the proposed ordinance amendments attached to the
Development Agreement as Exhibits, to the Planning Board.
CONCLUSION
The administration recommends that the City Commission adopt the subject Resolution,
approving the Development Agreement.
Applicable Area
North Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning/City Attorney
Sponsor
Commissioner Ricky Arriola& Co-sponsored by Commissioners Gongora& Richardson
ATTACHMENTS: •
Description
o Rendering
o Ad
o RESO - Form Approved
o Form Approved DA
Page 1661 of 2461
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SUNDAY JULY,Tio° NEIGHBORS 11NE
eimituaIWDXQa
M I AM I BEACH
CITY OF MiAMI BEACH
NOTICE OF PUBLIC HEARING
July 29, 2020 - Virtual City Commission Meeting
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,via teleconference
and webinar on Wednesday,July 29,2020 at 10:10 a.m.,or as soon thereafter as the matter can be heard to consider the below referenced development agreement_
To participate or provide comments,the public may Join the virtual meeting at(lttos:/lus02web.zoom.us/V85224811864 or via telephone at 1.312.628.8799(U.S.)or
868.475.4499(Toli Free).The Webinar ID is:8522481181360.Members of the public wanting to speak on an item during the Virtual Commission Meeting,must click the
'raise hand'icon if using the Zoom app or press'9 on the telephone to raise their hand.
A RESOLUTION OF THE MAYOR AND CiTY COMMISSION OF THE CITY OF MIAMI BEACH,APPROVING,FOLLOWING SECOND READING/PUBLIC
HEARING,A DEVELOPMENT AGREEMENT AS AUTHORIZED UNDER SECTION 118-4 OF THE CITY CODE,AND SECTIONS 189.9220—183.9243,FLORIDA
STATUTES,BETWEEN THE CITY AND TSAY INTERNATIONAL,INC.(THE°OWNER"),WHICH DEVELOPMENT AGREEMENT PROVIDES FOR THE OWNER'S
VOLUNTARY CONSENT TO THE DESIGNATION OF THE PROPERTY AT 2301 NORMANDY DRIVE(THE"DEVELOPMENT SITE")AS AN INDIVIDUAL HISTORIC
SITE,PURSUANT TO CHAPTER 118,ARTICLE X,DIVISION 4 OF THE CRY CODE,SUBJECT TO AND CONTINGENT UPON THE CRY COMMISSION'S
ENACTMENT OF CERTAIN AMENDMENTS TO THE CITY CODE, LAND DEVELOPMENT REGULATIONS,AND COMPREHENSIVE PLAN,AT THE CITY
COMMISSION'S SOLE DISCRETION.
PROPERTY:The Development Site consists of 2301 Normandy Drive(Folio No.02-3210-011-0620).
ZONING DISTRICTS:The proposed Development Site Is currently located within the RM-1 Residential multifamily, low density district.The proposed Development
Agreement contemplates that the City Commission will approve amendments to the City's Comprehensive Plan and Land Development Regulations including,but not
limited to,the following:(a)amendments to the Resilient Land Use and Development Element of the Comprehensive Plan,at Policy RLU 1.1.5,to permit hotels,apartment
hotels,end suite hotels on properties located north of Normandy Drive,having a lot area greater than 30,000 square feet,which are individually designated as an historic
alta('Designated Historic Sites in North Beach');(b)amendments to the City's Land Development Regulations to permit the following uses on Designated Historic Sites In
North Beach:hotels,apartment hotels,and suite hotels;accessory uses customarily associated with the operation of a hotel,including retell,restaurants with or without
accessory bars,and personal services;and accessory outdoor bar counters,accessory outdoor and open air entertainment establishments,and accessory neighborhood
impact establishments as conditional uses; end(e)amendments to the City Code pertaining to minimum distance separation requirements for the sale of alcoholic
beverages.
MAXIMUM HEIGHT:Within the Development Site,the maximum height shall not exceed 80 feet.Architectural projections will comply with the terms of the Development
Agreement and other applicable provisions of the City's Land Development Regulations.
PERMITTED USES:Within the Development Site,in addition to residential apartments,allowable main permitted uses would include hotels,apartment hotels,and suite
hotels,and accessory uses customarily associated with the operation of a hotel,including retail, restaurants with or without accessory bars,and personal services.
Allowable uses subject to conditional use approval by the Planning Board include accessory outdoor bar counters, accessory outdoor and open-air entertainment
establishments,and accessory neighborhood Impact establishments.The maximum FAR In the RM-1 district Is 1.25,and the maximum density for residential uses is
60 units per acre.There Is no maximum density limit for hotel uses In the RM-1 district.
A copy of the proposed Development Agreement 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.
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,
Wo 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 City Clerk's Office,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 requestthis material in alternate format,sign language Interpreter(f ve-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 option 6;TTY users may call via 711(Florida Relay Service).
Rafael E.Granada,City Clerk
City of Miami Beach
Ad:07292020-14
Page 1663 of 2461
This instrument was prepared by (record and return to):
Alexander I. Tachmes, Esq
Shutts & Bowen LLP
200 S. Biscayne Boulevard, Suite 4100
Miami, Florida 33131
(Space reserved for Clerk)
Folio No. 02-3210-011-0620
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the"Agreement") is made and entered into
as of the day of 2020, by and among the CITY OF MIAMI BEACH,
a Florida municipal corporation (the "City"), and TSAY INTERNATIONAL, INC., a Florida
corporation (the "Owner"). Hereinafter, City and Owner are collectively referred to as the
"Parties."
WITNESSETH:
WHEREAS, the Owner is the owner of the property that is the subject of this
Agreement, the legal description of which is attached hereto and made a part hereof as
Exhibit"A" (the "Property"), and which currently has an address of 2301 Normandy Drive,
Miami Beach, Florida; and
WHEREAS, the Property has historically been developed and utilized for hotel use,
and its current name is the "International Inn"; and
WHEREAS, on May 9, 2017, the City's Historic Preservation Board ("HPB")
directed the City's Planning Department to prepare a Preliminary Evaluation and
Recommendation Report ("Preliminary Designation Report") relative to the possible
designation of the Property as an individual local historic site in accordance with Sections
118-591 through 118-593 of the Land Development Regulations of the City's Code of
Ordinances (the"Code"); and
WHEREAS, on October 10, 2017, the HPB reviewed the Preliminary Designation
Report and directed the City's Planning Department to prepare a Formal Designation
Report for the Property; and
WHEREAS, on June 10, 2019, the HPB reviewed the Formal Designation Report
for the Property and recommended in favor of the proposed designation. This
recommendation of the HPB in favor of designation does not, on its own, result in the
MIADOCS 17507478 10 1
Page 1667 of 2461
designation of the Property as an individual local historic site. Subsequent to the
recommendation of the HPB, an application for an Ordinance amendment designating
the Property as an individual local historic site must be submitted to the Planning Board
for review and a recommendation to the City Commission. Once the Ordinance is
transmitted to the City Commission, two separate readings will be required before the
Ordinance may be adopted. The designation of the property as an individual local historic
site would only become final if the City Commission adopts the Ordinance designating
the Property as an individual local historic site; and
WHEREAS, the Parties acknowledge that the designation of the Property as an
individual local historic site in accordance with the Code will require that the Historic
Preservation Board review any future redevelopment of the Property; and
WHEREAS, the Owner has clearly expressed its opposition to the designation of
its Property as an individual local historic site without certain amendments to the City's
Code, Land Development Regulations, and Comprehensive Plan first being adopted that
would allow for the use of the Property as a legal conforming hotel and the ability to
redevelop certain portions of the Property, as more fully provided herein; and
WHEREAS, prior to proceeding further with the designation process, the City
wishes to obtain from the Owner, and Owner is willing to grant, its voluntary consent to
the designation of the Property as an individual local historic site, conditioned upon the
terms and obligations of this Agreement first being satisfied as provided herein; and
WHEREAS, this Agreement, among other things, is intended to and shall
constitute a development agreement between the Parties pursuant to Sections 163.3220
through 163.3243, Florida Statutes, the "Florida Local Government Development
Agreement Act" and Section 118-4 of the City's Code; and
WHEREAS, having fully considered this Agreement at two duly noticed public
hearings in compliance with Section 163.3225 of the Act; having determined that this
Agreement is in compliance with the City's Comprehensive Plan and Land Development
Regulations as of the Effective Date; and having further determined that it is in the City's
best interest to address the issues covered by this Agreement in a comprehensive
manner, in compliance with all applicable laws, ordinances, plans, rules and regulations
of the City, the City has agreed to enter into this Agreement with the Owner.
All capitalized terms used in the recitals are defined in Section 4 or elsewhere in
this Agreement.
MIADOCS 17507478 10 2
Page 1668 of 2461
NOW, THEREFORE, in consideration of the foregoing, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by this reference. All exhibits to this Agreement are hereby deemed a part hereof.
2. Authority and Purpose. This Agreement is entered into pursuant to the
authority and procedures provided by the Act, and the Parties intend for this Agreement
to be construed and implemented so as to effectuate the purpose and intent of the Act.
3. Mutual Consideration. The Parties agree that the consideration and
obligations recited and provided for under this Agreement collectively constitute
substantial benefits to both Parties and are, therefore, adequate consideration for this
Agreement.
4. Definitions. All capitalized terms in this Agreement shall have the definitions
set forth in this Section unless such terms are defined elsewhere in the body of this
Agreement.
a. "Act" shall mean the Florida Local Government Development
Agreement Act (Sections 163.3220 - 163.3243, Florida Statutes (2019)).
b. "Comprehensive Plan"shall mean the comprehensive plan which the
City has adopted and implemented for the redevelopment and continuing development of
the City pursuant to Chapter 163, Part II, of the Florida Statutes.
c. "Development Order"means any order granting, denying, or granting
with conditions an application for a Development Permit.
d. "Development Permit" shall have the meaning set forth in Section
163.3221(5), Florida Statutes (2019).
e. "Effective Date" is the date when the City records the executed
Agreement in the Public Records of Miami-Dade County, as provided in Section
163.3239, Florida Statutes (2019), and Section 13 of this Agreement.
f. "Execution Date" is the date the last of the required Parties executes
this Agreement.
g. "Land Development Regulations" shall have the meaning set forth in
Section 163.3221(8), Florida Statutes (2019)and shall also include, without limitation,the
definition of"land development regulations" in Section 114-1 of the City Code.
5. Proposed Amendments. The Parties acknowledge the importance of
preserving and protecting historic hotels, the use of which may no longer be permitted in
certain areas of the City under the applicable provisions of the Land Development
Regulations. In order to incentivize the preservation and protection of such historic hotels,
MIADOCS 17507478 10 3
Page 1669 of 2461
certain amendments to the City's Code, Land Development Regulations, and
Comprehensive Plan are necessary. The proposed amendments, which are specifically
described in Exhibit"B" attached hereto and made a part hereof, will generally allow hotel
and hotel accessory uses within existing historic hotels to be considered permitted uses
in the RM-1 residential multifamily, low density district in certain limited circumstances
under both the Land Development Regulations and Comprehensive Plan, and also
provide for certain other amendments that will enable such hotels to (i)expand, including
accessory uses, (ii) develop new structures with greater maximum building height, (iii)
remove existing parking spaces, and (iv) provide for parking requirements for new
structures and allow for off-site parking (collectively, the "Proposed Amendments").
Based upon the foregoing, and concurrent with the adoption and execution of this
Agreement, the Parties hereby agree that the City shall promptly initiate and diligently
process the Proposed Amendments. Unless and until the Proposed Amendments are
adopted (the "Final Amendments"), the City agrees not to proceed further with any public
hearing concerning the designation of the Property as an individual local historic site. As
provided in Section 7 below, however, in the event that the Proposed Amendments do
not become Final Amendments on or before a date that is twelve (12) months from the
Effective Date of this Agreement (the "Outside Date"), unless extended by mutual written
agreement of the Parties, this Agreement shall terminate and the Parties shall have no
further obligations hereunder.
6. Designation of the Property as Local Historic Site. Upon adoption of the
Proposed Amendments and the Parties agreeing that the Proposed Amendments are
Final Amendments, the City shall notify the Owner in writing confirming same. Upon
receipt of this written confirmation from the City, the Owner hereby agrees to voluntarily
consent to and support, both in writing and in person at any required public hearings, the
designation of the Property as an individual local historic site in accordance with the Code,
subject to the reservation of rights provided in Section 7 below.
7. Reservation of Rights. The Parties acknowledge and agree as follows:
a. In the event that the Proposed Amendments do not become Final
Amendments by the Outside Date, this Agreement shall terminate and the Parties shall
have no further obligations hereunder. Upon termination of this Agreement,the City may
choose to proceed with the designation of the Property as an individual local historic site,
and the Owner hereby reserves all rights to object or otherwise contest said designation
and/or pursue all remedies available at law and equity, including but not limited to,
monetary damages; and
b. In the event that the City modifies the language of the Proposed
Amendments, and such modified language is then adopted and such amendments
become Final Amendments by the Outside Date, the Owner shall have the sole and
absolute discretion to either accept the Final Amendments, as modified, or terminate this
Agreement and reserve all rights to object or otherwise contest the designation of the
Property as an individual local historic site and/or pursue all remedies available at law
and equity, including but not limited to, monetary damages.
MIADOCS 17507478 10 4
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c. The Owner's willingness to enter into this Agreement is for settlement
purposes only, and shall not, in connection with Owner's reservation of rights outlined in
Section 7a and 7b above, be considered an admission by Owner in support of the
designation of the Property.
8. Permitted Uses and Height. Upon the effectiveness of the Final
Amendments, and following the designation of the Property as an individual local historic
site, such development regulations shall govern the redevelopment of the Property
throughout the term of this Agreement, so that the Parties have certainty with respect to
said redevelopment. Notwithstanding subsequent amendments to the Code, Land
Development Regulations, and Comprehensive Plan, the Property shall be subject to the
following provisions as more fully provided in Exhibit"B":
a. Hotels, apartments, apartment hotels, and suite hotels shall be
permitted, plus accessory uses that are customarily associated with the operation of a
hotel, but limited to retail, restaurants with or without accessory bars, and personal
services;
b. Accessory outdoor and open air entertainment consisting of ambient
performances, accessory neighborhood impact establishment, and accessory outdoor
bar counters shall require conditional use approval.
c. The permitted height of any new structures in connection with
redevelopment on the Property shall be eighty (80)feet;
d. Required parking for hotel units within any new addition (attached or
detached) shall be 0.5 spaces per unit, and may be provided off-site within a distance not
to exceed 2,500 feet of the Property with the use(s) (if the off-site parking is proposed
within City limits), or within a distance not to exceed 1 mile of the Property with the use(s)
(if the off-site parking is proposed outside City limits).
e. Further, all existing parking spaces, whether conforming or non-
conforming, may be removed and no fee in lieu payment shall be required for such
removal of existing parking spaces in connection with redevelopment on the Property,
provided that at least 50% of the existing parking spaces are provided off-site, in
accordance with Section 8(d); and
f. The Property and the uses thereon shall be exempt from all
applicable distance separation requirements for the sale of alcoholic beverages, including
from educational facilities.
The City may, however, apply subsequently adopted laws or policies to the Property
(particularly as they may relate to quality of life issues such as, but not limited to, noise,
litter, and hours for the sale, service, or consumption of alcoholic beverages)as permitted
or required by the Act, including, without limitation, Section 163.3233(2), Florida Statutes,
as may be amended from time to time, provided that such laws or policies are not
inconsistent with the provisions of this Agreement or the Final Amendments. Nothing
herein shall prohibit the applicability of subsequent amendments to the Code, Land
MIADOCS 1750747810 5
Page 1671 of 2461
Development Regulations, and/or Comprehensive Plan that would expand the uses
and/or increase the intensity of redevelopment permitted on the Property, including
amendments to the aforementioned development standards.
9. Intended Redevelopment Plan. Assuming the Owner desires to continue to
operate a hotel on-site and in order to ensure the continued viability of the historic hotel
structure on the Property upon designation as an individual local historic site, the Owner
and/or its successors and assigns may redevelop certain portions of the Property with
additional improvements and uses to complement the existing historic hotel structure. As
provided above, the maximum height for such redevelopment shall be governed by this
Agreement, including the Final Amendments provided herein, the Land Development
Regulations, and the Comprehensive Plan. A conceptual massing study prepared by
Shulman + Associates is attached hereto as Exhibit "C", which reflects an 8-story tower
on the northern portion of the Property (the "Massing Study"). Owner agrees that the 2-
story lobby at the southern portion of the Property will be restored at the time of the overall
renovation of the Property in accordance with the preservation standards set forth by the
Secretary of the Interior, and City staff conceptually supports the 8-story tower on the
northern portion of the Property as reflected in the Massing Study. Notwithstanding the
above, the Parties acknowledge that, in connection with the redevelopment of the
Property, the Owner will be required to obtain a Certificate of Appropriateness from the
HPB, and may additionally be required to obtain a Conditional Use Permit from the
Planning Board, in accordance with the City's Code and Land Development Regulations
(the "Project Approvals"). Owner shall be solely responsible for the preparation and
submittal of complete applications requesting the Project Approvals, and for payment of
all applicable application fees and costs, pursuant to the requirements in the City Code
and Land Development Regulations in effect at the time of submittal.The Owner reserves
the right to appeal and/or otherwise challenge the decision of the HPB and/or Planning 4
Board in connection with the redevelopment of the Property.
Owner shall be solely responsible for satisfying all requirements and obtaining all
permits and approvals associated with the redevelopment of the Property including,
without limitation, all permits and approvals required pursuant to Section 163.3180,
Florida Statutes, and Chapter 122 of the City Code, as may be amended from time to
time, with respect to mobility fees and concurrency requirements for sanitary sewer, solid
waste, drainage, potable water, recreation and open space, and public schools.
10. Cooperation; Expedited Permitting: and Time of Essence. The Parties
agree to cooperate with each other to the fullest extent practicable pursuant to the terms
and conditions of this Agreement. The Parties agree that time is of the essence for each
and every provision hereof. The Parties shall use reasonable commercial efforts to
expedite the submittal, review and approval process of the Proposed Amendments.
Notwithstanding the foregoing, the Parties acknowledge that this Agreement is not
and shall not be construed as a Development Permit, approval or authorization to
commence any development, fill, or other land modification, and the City shall not be
obligated to issue any approval, including a Development Permit.
MIADOCS 1750747810 6
Page 1672 of 2461
1
11. Police Power.
a. The Parties hereto recognize and agree that certain provisions of this
Agreement require the City and its boards, departments or agencies, acting in their
governmental or regulatory capacity, to consider governmental or regulatory actions, as
set forth in this Agreement. However, nothing contained in this Agreement shall entitle
the Owner to compel the City to provide any governmental or regulatory approvals under
this Agreement.
b. Nothing in this Agreement shall be construed to prohibit the City from
duly acting under its police power or within its regulatory authority to approve, approve
with conditions, or reject any public hearing application dealing with the Property.
c. The exercise of the City's regulatory authority and the enforcement
of any laws, rules, regulations, ordinances, and plans (including through the exercise of
the City's building, planning, fire,code enforcement, police department or otherwise)shall
be deemed to have occurred pursuant to the City's regulatory authority as a governmental
body and shall not be attributable in any manner to the City as a party to this Agreement
or in any way deemed in conflict with, or a default under, the City's obligations hereunder.
12. Consistency with the City's Comprehensive Plan. The City has adopted
and implemented the Comprehensive Plan. The City hereby finds and declares that the
provisions of this Agreement dealing with the Property would be consistent with the City's
Comprehensive Plan and Land Development Regulations (subject to all applicable
requirements, permits and approvals), if the Proposed Amendments are adopted,
pursuant to Section 5.
13. Effective Date; Recordation.
Within fourteen (14) days following approval at two public hearings and execution
by all Parties, the City shall record the Agreement in the Public Records of Miami-Dade
County, upon which the Agreement will be in effect (the "Effective Date"). The Owner
shall submit a copy of the recorded Agreement to the State of Florida's land planning
agency within fourteen (14) days after this Agreement is recorded. The Owner agrees
that it shall be responsible for all recording fees and other related fees and costs related
to the recording and delivery of this Agreement as described in this Section.
14. Events of Default; Remedies; and Litigation. In the event of any default by
any Party, the non-defaulting Party shall have the right to pursue all remedies available
at law and equity, including but not limited to injunctive relief and specific performance.
In the event of any litigation between the Parties under this Agreement for a breach
thereof,the prevailing Party shall be entitled to reasonable attorney's fees and court costs
at all trial and appellate levels. BY ENTERING INTO THIS AGREEMENT THE CITY AND
OWNER EXPRESSLY WAIVE ANY RIGHTS EITHER MAY HAVE TO A TRIAL BY JURY
WITH RESPECT TO ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
MIADOCS 17507478 10 7
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THIS AGREEMENT. The terms of this Section 14 shall survive the termination of this
Agreement.
15. Waiver. No waiver of any right or obligation of either Party shall occur
unless the waiver is in writing and signed by both Parties. No failure by the City or Owner
to insist upon strict performance of any covenant, agreement, term or condition of this
Agreement or to exercise any right or remedy available to such Party by reason of the
other Party's default hereunder shall constitute a waiver of any such right to insist upon
performance or of such default.
16. Notices. Any notices required or permitted to be given under this
Agreement shall be in writing and shall be deemed to have been given if delivered by
hand, sent by recognized overnight courier (such as Federal Express) or mailed by
certified or registered mail, return receipt requested, in a postage prepaid envelope, and
addressed as follows:
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
If to Owner at: Tsay International, Inc.
2301 Normandy Drive
Miami Beach, FL 33141
Attn: Belsa Tsay
With a copy to: Alexander I. Tachmes, Esq.
Shutts & Bowen, LLP
200 S. Biscayne Blvd.
Suite 4100
Miami, Florida 33131
Notices shall be deemed given on the date of receipt or refusal to accept
receipt.
17. Governing Laws. This Agreement shall be governed and construed in
accordance with the laws of the State of Florida,without reference to principles of conflicts
of laws. The Owner and the City agree that Miami-Dade County, Florida is the appropriate
and exclusive state court venue, and that the U.S. District Court, Southern Division of
Florida is the appropriate and exclusive federal court venue, in connection with any
litigation between the Parties with respect to this Agreement.
MIADOCS 17507478 10 8
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18. Waiver of Jury Trial. By entering into this Agreement, the Parties expressly
waive any rights either party may have to a trial by jury of any civil litigation related to or
arising out of this Agreement.
19. Construction. Both Parties to this Agreement have participated fully in the
negotiation and preparation hereof; and accordingly, this Agreement shall not be more
strictly construed against either of the Parties hereto. In construing this Agreement,
captions, and section and paragraph headings shall be disregarded and the use of any
gender shall include every other and all genders.
20. Severability. In the event any term or provision of this Agreement be
determined by appropriate judicial authority to be illegal or otherwise invalid, such
provision shall be construed as deleted as such authority determines, and the remainder
of this Agreement shall be construed to be in full force and effect.
21. Entire Agreement; Modification. This Agreement, together with the
documents referenced herein, constitutes the 'entire agreement and understanding
between the Parties with respect to the subject matter hereof, and there are no other
agreements, representations or warranties other than as set forth herein. Neither Party
shall be bound by any agreement, condition, warranty nor representation other than as
expressly stated in this,Agreement. This Agreement may not be changed, altered or
modified except by an instrument in writing signed by both Parties hereto, subject to the
requirements for the amendment of development agreements in the Act.
22. Binding.Effect. The obligations imposed pursuant to this Agreement upon
the Owner and upon the Property shall run with and bind the Property as covenants
running with the Property and shall be binding upon and enforceable by and against the
Parties hereto, their personal representatives, heirs, successors, grantees and assigns
for an initial term of twenty (20) years from the Effective Date, provided that the
Agreement may be extended for an additional ten (10) year term subject to the approval
by the City Commission at its sole discretion.
23. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed
to create any right in any person not a party hereto, and nothing contained in this
instrument shall be construed in any respect to be an agreement in whole or in part for
the benefit of any third party, other than the successors and permitted assigns of the
Parties hereto.
24. Indemnification of City. Owner shall indemnify, defend and hold harmless
the City from and against any actual damages, losses, liabilities, fees, costs and
expenses incurred by the City in any action, suit or proceeding brought against the City
by any third party as a result of any negligent act or omission of the Owner and/or its
officers,directors, managers, members, employees,contractors and agents in performing
under this Agreement. Additionally, in the event that a third party unrelated to or
unaffiliated with the City or Owner institutes any action, suit, or proceeding relating to the
designation of the Property as an individual local historic site or to the adoption of the
Proposed Amendments,then the Owner shall further indemnify, defend, and hold the City
MIADOCS 17507478 10 9
Page 1675 of 2461
harmless from and against any actual damages, losses, liabilities, fees, costs and
expenses incurred by the City in any such action, suit or proceeding. The Owner shall
directly pay all actual costs and expenses related to any expense or cost charged, or legal
defense required by the City, using legal counsel selected by the Owner and subject to
reasonable consent of the City, pursuant to the foregoing. The Parties agree that, absent
a conflict of interest, the legal counsel selected by the Owner shall represent the Owner
and the City. The City shall reasonably cooperate and collaborate (but at no expense to
the City) with the Owner in connection with any legal proceeding in which the Owner is
defending the City. This Section shall survive the expiration or any earlier termination of
this Agreement. Notwithstanding the foregoing, Owner may, in its sole discretion, choose
to terminate this Agreement (including its rights to the Proposed Amendments) prior to
the designation of the Property in the event that an action, suit or proceeding is filed by
any third party challenging the adoption of the Proposed Amendments. Owner
acknowledges that, if Owner elects to terminate this Agreement pursuant to this
paragraph, Owner would have no vested interest in or right to the Proposed Amendments,
and the City Commission shall have the sole and absolute discretion to amend, repeal,
or decline to amend or repeal the Proposed Amendments. In the event that the Proposed
Amendments are repealed by the City, the City acknowledges that the Owner would have
the right to contest and file a claim for damages relating to the designation of the Property
as an individual local historic site.
25. Mutual release. Subject to and contingent upon the adoption of the
Proposed Amendments and the designation of the Property as an individual local historic
site,the City and Owner mutually agree to release all claims either party may have relating
to the designation of the Property as an individual local historic site or the adoption of the
Proposed Amendments. In no event shall either party be liable to the other party (or any
other person) for any indirect, special, consequential, exemplary, punitive damages,
economic damages, lost profits, diminution in value, or similar damages in connection
with the designation of the Property as an individual local historic site or the adoption of
the Proposed Amendments.
26. Corporate Obligations. It is expressly understood that this Agreement and
the obligations issued hereunder are solely corporate obligations, and that no personal
liability will attach to, or is or shall be incurred by,the incorporators, stockholders, officers,
directors, elected or appointed officials (including, without limitation, the Mayor and City
Commissioners of the City)or employees, as such of Owner or City, and of any successor
corporation or any of them, under or by reason of the obligations, covenants or
agreements contained in this Agreement or implied therefrom; and that any and all such
personal liability, either at common law or in equity or by constitution or statute, of, and
any of all such rights and claims against, every such incorporator, stockholder, officer,
director, elected or appointed official (including, without limitation, the Mayor and City
Commissioner of the City)or employee, as such, or under or by reason of the obligations,
covenants or agreements contained in this Agreement or implied therefrom are expressly
waived and released as a condition of, and as consideration for, the execution of this
Agreement.
M IAD0051750747810 10
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27. Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute an original, but all of which, when taken together, shall constitute
one and the same agreement.
[SIGNATURE PAGES APPEAR ON FOLLOWING PAGE]
MIADOCS 17507478 10 11
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IN WITNESS WHEREOF, the Parties have executed this Agreement as set forth
below.
Signed, sealed and delivered CITY OF MIAMI BEACH,
in the presence of: a Florida municipal corporation
Print Name:
By:
Name:
Print Name: Title:
Attest:
City Clerk
STATE OF FLORIDA )
COUNTY OF
MIAMI-DADE )
Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑
online notarization, this day of , 2020 by , who 0 is
personally known to me or 0 has produced as identification.
(NOTARY SEAL)
Notary Public, State of Florida
Name:
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
00-1 Ofp •
City Attorney N�
MIADOCS 17507478 10 12
Page 1678 of 2461
TSAY INTERNATIONAL, INC., a Florida
corporation
By:
Name: Beisa Tsay
Print Name: Title: President
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or El
online notarization, this day of , 2020 by Belsa Tsay, as President of TSAY
INTERNATIONAL, INC., who El is personally known to me or ❑ has produced
as identification.
(NOTARY SEAL)
Notary Public, State of Florida
Name:
MIADOCS 17507478 10 13
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lots 15, 16, 17 and 18, in Block 40, of Miami View Section of Isle of Normandy, Part 3,
according to the Plat thereof, as recorded in Plat Book 40, at Page 33, of the Public
Records of Miami-Dade County, Florida.
MIADOCS 17507478 10 14
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EXHIBIT B
PROPOSED AMENDMENTS
MIADOCS 17507478 10 15
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RM-1 REGULATIONS FOR HOTEL USES AT DESIGNATED HISTORIC SITES IN NORTH
BEACH
ORDINANCE NO.
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, BY
AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS,"ARTICLE
II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTI-FAMILY DISTRICTS,"
SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," BY AMENDING
SECTION 142-152, "MAIN PERMITTED AND PROHIBITED USES," SECTION 142-153,
"CONDITIONAL USES," SECTION 142-154, "ACCESSORY USES," AND SECTION 142-155,
"DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO MODIFY THE
DEVELOPMENT REGULATIONS AND USE REQUIREMENTS FOR DESIGNATED HISTORIC
SITES IN NORTH BEACH; BY AMENDING CHAPTER 130, ENTITLED "OFF-STREET
PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," SECTION 130-32, "OFF-STREET
PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND 130-36, "OFF-SITE
PARKING FACILITIES," AND ARTICLE V, "FEE IN LIEU OF PARKING PROGRAM," SECTION
130-132, "FEE CALCULATION," TO AMEND THE REQUIREMENTS FOR OFF SITE PARKING
FACILITIES AND THE REMOVAL OF EXISTING PARKING SPACES, WITHIN DESIGNATED
HISTORIC SITES IN NORTH BEACH; AND BY AMENDING CHAPTER 6, ENTITLED
"ALCOHOLIC BEVERAGES," SECTION 6-4, ENTITLED "LOCATION AND USE
RESTRICTIONS," TO PROVIDE FOR AN EXEMPTION FROM DISTANCE SEPARATION
REQUIREMENTS FOR DESIGNATED HISTORIC SITES IN NORTH BEACH; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS,the City's land development regulations permit hotel uses in the RM-1 district, under certain specified
conditions;and
WHEREAS,the Mayor and City Commission desire to create flexibility for alcoholic beverage establishments that
are accessory to a hotel use within historic sites in the RM-1 district in North Beach;and
WHEREAS,the proposed changes promote compatible hotel development and the preservation of contributing
structures in the RM-1 district in North Beach.
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",is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II.—DISTRICT REGULATIONS
* * *
DIVISION 3.—RESIDENTIAL MULTIFAMILY DISTRICTS
MIADOCS 17507478 10 16
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SUBDIVISION II.— RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY
Section 142-152 -Main permitted and prohibited uses.
(a) The main permitted uses in the RM-1 residential multifamily, low density district are:
ill single-family detached dwelling;
townhomes;
j apartments;
I'. bed and breakfast inn (pursuant to article V, division 7 of this chapter);
u properties fronting Harding Avenue or Collins Avenue, from the city line on the north, to 73rd Street on
the.south (pursuant to section 142-1105 of this chapter) shall be entitled to have hotels, apartment hotels, and
suite hotels; and
fEl properties located north of Normandy Drive having a lot area greater than 30,000 square feet, which are
individually designated as an historic site, shall be entitled to have hotels, apartment hotels, and suite hotels.
(b) Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 of the City Code, are
prohibited uses, unless otherwise specified. Moreover, alt uses not listed as a main permitted or conditional use
are also prohibited. Notwithstanding the foregoing, accessory uses that are customarily associated with the
operation of a hotel are permitted as provided in section 142-154 of this chapter.
Section 142-153—Conditional uses:
* * *
id) For properties located north of Normandy Drive having a lot area greater than 30,000 square feet, which
are individually designated as an historic site, additional conditional uses are as follows:
(1) Accessory outdoor bar counters, provided that an accessory outdoor bar counter is only permitted to be
utilized during the hours of operation of the restaurant of which it is a part.
j2) Accessory outdoor and open air entertainment establishments consisting of ambient performances. For
purposes of this subsection, ambient performance shall be defined as any live or recorded, amplified or
nonamplified performance played or conducted at a volume that does not interfere with normal conversation.
Ambient performances shall not take place between the hours of 10:00_0.m. and 10:00 a.m., unless modified by
the Planning Board throuah the conditional use process.
(3)Accessory neighborhood impact establishments.
Section 142-154-Accessory uses.
The accessory uses in the RM-1 residential multifamily, low density district are as required in article IV, division
2 of this chapter. Additionally, properties located north of Normandy Drive having a lot area greater than 30,000
square feet,which are individually designated as an historic site are permitted to have accessory uses associated
with the operation of a hotel, but limited to retail, restaurants with or without accessory bars, and personal
services.
Section 142-155. - Development regulations and area requirements.
* * *
MIADOCS 17507478 10 17
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(b) The lot area, lot width, unit size and building height requirements for the RM-1 residential multifamily, low
density district are as follows:
Minimum Minimum Minimum Average Maximum
Lot Area Lot Unit Size Unit Size BuildingHeight
(Square Width (Square Feet) (Square Feet) (Feet)
Feet) (Feet)
5,600 50 New construction-550 New Historic district-40
Non-elderly and elderly low and construction— Flamingo Park Local
moderate income housing-400 800 Historic District-35
Workforce housing-400 Non-elderly and (except as provided
Rehabilitated buildings-400 elderly low and in section 142-1161)
Hotel units: moderate income Otherwise-50
15%: 300-335 housing-400 For properties outside a
85%: 335+ Workforce local historic district with
For'contributing hotel structures, housing-400 a ground level
located within an individual historic Rehabilitated consisting of non-
site, a local historic district or a buildings-550 habitable parking and/or
national register district, which are amenity uses-55
renovated in accordance with the For properties located
Secretary of the Interior Standards north of Normandy Drive
and Guidelines for the having a lot area greater
Rehabilitation of Historic Structures than 30,000 square feet,
as amended, retaining the existing which are individually
room configuration and sizes of at designated as an
least 200 square feet shall be historic site-80
permitted. Additionally, the 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,
and provided the maximum
occupancy per hotel room does not
exceed 4 persons.
SECTION 2. Chapter 130,entitled"Off-Street Parking,"is hereby amended as follows:
CHAPTER 130
OFF-STREET PARKING
ARTICLE II. -DISTRICTS; REQUIREMENTS
* * *
Sec. 130-32. -Off-street parking requirements for parking district no. 1.
MIAD005 17507478 10 18
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Except as otherwise provided in these land development regulations, when any building or structure is
erected or altered in parking district no. 1, accessory off-street parking spaces shall be provided for the building,
structure or additional floor area as follows:
* *
(26) Hotel, suites hotel, motel, or motor lodge:One space per unit, except as follows:
Properties located within a local historic district or National Register
Historic District
New floor area for hotel rooms, associated with retaining, preserving .5 spaces per unit, up to a maximum
and restoring a building or structure that is classified as "contributing" of 100 units and 1 space per unit for
as of March 13, 2013, as defined below all units in excess of 100 units
Other(e.g., new construction or substantial demolition of contributing 1 space per unit
building)
Properties bounded by 62nd Street on the south, 73rd Street on the 5 spaces per unit, up to a maximum
north, Indian Creek on the west and the Atlantic Ocean on the east of 100 units and 1 space per unit for
all units in excess of 100 units
Properties located south of Fifth Street and properties zoned
residential and located south of 17th Street, west of Alton Court, east 1 space per unit
of Biscayne Bay and north of 6th Street
Properties located north of Normandy Drive having a lot area greater
than 30,000 square feet, which are individually designated as an .5 spaces per unit
historic site
Properties not listed above:
•
Hotels, limited by covenant to no restaurants or pools open to the 5 spaces per unit, up to a maximum
public, no outdoor bar counters, entertainment or special events, and of 100 units and 1 space per unit for
located in a commercial zoning district within 1,000 feet of the all units in excess of 100 units, up to
boundary of an area that is (1)zoned CD-3 and (2) part of an historic a maximum cap of 150 rooms total
district
Within 150 feet of a single-family district or RM-1 district, 1 space per unit
notwithstanding the above
iOther I 1 space per unit
Sec. 130-36. -Off-site parking facilities.
(a) All parking spaces required in this article shall, be provided on a self-park basis or valet parking basis in
accordance with section 130-251, and shall be located on the same lot with the building or use served, or offsite
if one of the following conditions is met:
(1) The parking is within a distance not to exceed 1,200 feet of the property with the use(s), if located in the
architectural district or a local historic district.
(2) The parking is within a distance not to exceed 500 feet of the property with the use(s), when the use is not
located in the architectural district or a local historic district.
(3) For properties south of Fifth Street,the parking is within a distance not to exceed 1,500 feet of the property
with the use(s). For purposes of this subsection, the property with the uses(s) shall be located south of Fifth
Street and the parking facility may be located north of Fifth Street.
(4) For properties located north of Normandy Drive having a lot area greater than 30,000 square feet. which
MIAD0051750747810 19
Page 1685 of 2461
are individually designated as an historic site, the parking is within a distance not to exceed 2,500 feet of the
property with the use(s)within city limits or is within a distance not to exceed one (1) mile of the property with
the use(s)outside city limits.
The foregoing distance separation shall be measured by following a straight line from the property line of the lot
on which the main permitted use is located to the property line of the lot where the parking lot or garage is
located.
(b) Where the required parking spaces are not located on the same lot with the building or use served and
used as allowed in section 130-32, a unity of title or for nonadjacent lots, either a unity of title or a covenant in
lieu of unity of title for parking unification shall be required for the purpose of insuring that the required parking
is provided. Such unity of title or restrictive covenant shall be executed by owners of the properties concerned,
approved as to form by the city attorney, recorded in the public records of the county as a covenant running with
the land and shall be filed with the application for a building permit. Alternatively, for a change of use in an
existing building, or a property located north of Normandy Drive having a lot area greater than 30,000 square
feet and which is individually designated as an historic site,a lease for the purpose of insuring that the required
parking for the new use is provided may be utilized, in accordance with the following:
(1) The subject lease shall be executed by the owner of the properties providing the required parking and the
user of the required spaces; such lease to be approved as to form and necessary minimum requirements by the
city attorney. -
(2) The required parking spaces provided off site shall be for the sole use of the user of the spaces and shall
not be available for underutilized parking or subleased to a third party. Subleases of any kind shall be prohibited.
(3) All required parking spaces provided on the off-site properties shall be dedicated and clearly marked for
the user of the establishment 24 hours a day,seven days a week. This 24-hour dedicated use requirement shall
be an explicit term in the lease agreement.
(4) The exact location of the required spaces provided off-site shall be clearly delineated on site and floor
plans, prepared by a registered architect or engineer, and shall be incorporated into the lease as an exhibit.
(5) A copy of the renewal of all leases shall be provided to the city within 60 days of such renewal. In the event
the terms of a lease should change, such changes shall be approved as to form and necessary minimum
requirements by the city attorney.
(6) The lease shall be for at least a minimum of a calendar year.
(7) The lease shall require that the tenant and landlord notify the City of Miami Beach Planning Department of
early termination of the parking leasehold
(8) A copy of all lease renewals shall be submitted to the planning department. In the event that a required
lease renewal is not provided within 60 days of the expiration of the lease, the subject use shall be considered
in default and a fee in lieu of parking in accordance with chapter 130, article V, herein, shall be assessed.
The aforementioned lease criteria in subsections (b)(1) through (b)(8) shall not be applicable to properties
located north of Normandy Drive having a lot area greater than 30,000 square feet. which are individually
designated as an historic site.
ARTICLE V. -FEE IN LIEU OF PARKING PROGRAM
* *
Sec. 130-132. -Fee,calculation.
* * *
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(c) Removal of existing parking spaces in a historic district. Whenever an existing required parking space is
removed or eliminated for any building that existed prior to October 1, 1993, which are located within the
architectural district, a contributing building within a local historic district, or any individually designated historic
building, a fee in lieu of providing parking shall be required if a replacement parking space is not provided
pursuant to section 130-36. Such fee shall be satisfied as set forth in subsection (b), above. In no case shall the
removal of parking spaces result in less than one parking space per residential unit or 50 percent of the required
parking for commercial uses.This subsection shall not prohibit the removal of grade level parking spaces located
within the front, side street or interior side yards of a lot, should those parking spaces be nonconforming.
Notwithstanding the foregoing, an owner shall be permitted to remove parking spaces required for a building in
the architectural district or a local historic district constructed after October 1, 1993, if a change in said building
results in a net reduction of required parking spaces. No fee in lieu of providing parking or the replacement of
parking spaces pursuant to section 130-36 shall be required to remove such spaces, unless the number of
parking spaces being removed is greater than the net reduction of required parking spaces. Notwithstanding the
foregoing, existing parking spaces, whether conforming or nonconforming, may be removed properties located
north of Normandy Drive having a lot area greater than 30,000 square feet, which are individually designated as
an historic site, and no fee in lieu payment shall be required for such removal, provided that at least 50% of the
existing parking spaces are provided offsite, in accordance with section 130-36.
SECTION 3. Chapter 6, entitled "Alcoholic beverages,"is hereby amended as follows:
CHAPTER 6
ALCOHOLIC BEVERAGES
*
ARTICLE I.—IN GENERAL
* * *
Sec.6-4.—Location and use restrictions.
* * *
(d) Notwithstanding any other provision in this division, the sale or offering_of alcoholic beverages for
consumption on the premises of alcoholic beverage establishments on properties located north of Normandy
Drive having a lot area greater than 30.000 square feet, which are individually designated as an historic site,
shall be exempt from all applicable minimum distance separation requirements in this division.
SECTION 3. 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 4. 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, as
amended. The sections of this ordinance may be renumbered or relettered to accomplish such intention,and the word
"ordinance"may be changed to"section"or other appropriate word.
SECTION 5. Severability.
If any section,sentence,clause or phrase of this ordinance is held to be invalid or unconstitutional by any court
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of competent jurisdiction,then said holding shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 6. Effective Date.
This Ordinance shall take effect the day of , 2020.
PASSED AND ADOPTED this day of , 2020.
Dan Gelber, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION.
City Attorney Date
First Reading: , 2020
Second Reading: , 2020
Verified by:
Thomas R. Mooney, AICP
Planning Director
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RM1 COMPREHENSIVE PLAN REGULATIONS FOR HOTEL USES AT DESIGNATED
HISTORIC SITES IN NORTH BEACH
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN,
PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3),
FLORIDA STATUTES, BY AMENDING CHAPTER 1, ENTITLED "RESILIENT LAND USE
AND DEVELOPMENT ELEMENT,"AT POLICY RLU 1.1.5, ENTITLED"LOW DENSITY MULTI
FAMILY RESIDENTIAL (RM-1)," TO ALLOW FOR HOTELS, APARTMENT HOTELS, AND
SUITE HOTELS AT DESIGNATED HISTORIC SITES IN NORTH BEACH; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS,the Mayor and City Commission desire to create flexibility for alcoholic beverage establishments that
are accessory to a hotel use within historic sites in the RM-1 district in North Beach; and
WHEREAS,the proposed changes promote compatible hotel development and the preservation of contributing
structures in the RM-1 district in North Beach; and
WHEREAS, the City of Miami Beach (the "City") has determined that amending the future land use
category for the sites described herein will ensure the sustainable redevelopment of the sites that is compatible
with the built environment; and
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. That Chapter 1 of the City of Miami Beach Comprehensive Plan, entitled "Resilient Land Use
and Development Element," at Policy RLU 1.1.5, entitled "Low Density Multi Family Residential (RM-1)," shall
hereby be amended as follows:
Policy RLU 1.1.5 Low Density Multi Family Residential (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, and hotels for properties fronting Harding
Avenue or Collins Avenue from the City Line on the north to 73rd Street on the south.
Non-conforming buildings containing non-conforming hotel uses, located on the north side of
Belle Isle, and not within a local historic district, may be reconstructed to a maximum of 50% of the floor
area of the existing building, provided that the uses contained within the hotel are not expanded in any
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way, including but not limited to, the number of hotel units and accessory food and beverage uses, the
non-conformity of the building is lessened, and required parking for the surrounding neighborhoods
with a minimum reduction of 50% of the daily trips on adjacent, two lane, arterial roadways, and
improving the resiliency of the building.
Bed and breakfast inns are permitted in RM-1 only in the Flamingo Park Historic District and the
West Avenue Bay Front Overlay District, both of which are described in the Land Development
Regulations. Residential office and suite hotel uses are permitted in the West Avenue Bay Front
Overlay District only. Hotels, apartment hotels, and suite hotels are permitted on properties located
north of Normandy Drive, having a lot area areater than 30,000 square feet which are individually
designated as an historic site, as described in the Land Development Regulations.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to be subordinate to
the main use; and conditional uses specifically authorized in this land use category, as described in the
Land Development Regulations, which are required to go through a public hearing process as
prescribed in the,Land Development Regulations of the Code of the City of Miami Beach.
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. 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, as
amended. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance"may be changed to"section"or other appropriate word.
SECTION 4. SEVERABILITY.
If any section,sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court
of competent jurisdiction,then said holding shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 5. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the appropriate state, regional and
county agencies as required by applicable law.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect 31 days after the state land planning agency notifies the City that the
plan amendment package is complete pursuant to Section 163.3184(3), Florida Statutes.
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PASSED AND ADOPTED this day of , 2020.
Dan Gelber, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Reading: , 2020
Second Reading: , 2020
Verified by:
Thomas R. Mooney, AICP
Planning Director
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EXHIBIT C
CONCEPTUAL MASSING STUDY
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