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Ordinance 2020-4351 RM-2 Hotel Accessory Uses - Ballroom And Meeting Room Structures ORDINANCE NO. 2020-4351 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 130 ENTITLED "OFF-STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," SECTION 130-32, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," TO AMEND THE OFF-STREET PARKING REQUIREMENTS FOR BALLROOMS AND MEETING ROOMS FOR BUILDINGS ASSOCIATED WITH HOTELS; AND AMENDING CHAPTER 142 ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-213, "CONDITIONAL USES," TO AMEND THE ALLOWABLE CONDITIONAL USES IN THE RM-2 ZONING DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's land development regulations permit hotels in the RM-3 zoning district to have common accessory uses such as ballrooms and meeting rooms; and WHEREAS, the land development regulations presently do not permit these uses to be located on an adjacent site that is under a different zoning designation;and WHEREAS, these proposed changes are desirable to allow for responsible hotel redevelopment where certain accessory uses are necessary to allow for the continued growth of the hospitality industry and tourism in Miami Beach. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 130 of the City Code, 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. (7) Auditorium, ballroom, convention hall, gymnasium, meeting rooms or other similar places of assembly: One space per every four seats or one space per every 60 square feet of floor area available for seats. For ballrooms and meeting rooms in buildings associated with a hotel located in the RM-3 district(subject to the requirement that such hotel property be located within 100 feet of the ballroom and meeting room property), one space per every eight seats or one space per every 120 square feet of floor area available for seats. SECTION 2. Chapter 142 of the City Code,entitled"Zoning districts and regulations,"is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II. DISTRICT REGULATIONS * . * DIVISION 3. — RESIDENTIAL MULTIFAMILY DISTRICTS * * * Subdivision IV. RM-2 Residential Multifamily, Medium Intensity * * * Section 142-213. Conditional Uses. (a) The conditional uses in the RM2 residential multifamily, medium intensity district are as follows:. (1) Day care facility; (2) Stand-alone religious institutions; (3) Private and public institutions; (4) Schools; (5) Commercial or noncommercial parking lots and garages; (6) Stand-alone ballrooms and meeting rooms when associated with a hotel located in the RM-3 district(subject to the requirement that such hotel property be located within 100 feet of the ballroom and.meeting room property)1 and (7) Accessory neighborhood impact establishment; as set forth in article V, division 6 of this chapter. * * 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 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 ten days following adoption. PASSED AND ADOPTED this ay day of July , 2020. Dan elber, Mayor ATTEST q1111.m, Rafae E. Granado, City Clerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION 1,v, V" City Attorni Date First Reading: June 24, 2020 Second Reading: July 29, 20 0 Verified By: Thomas R. Mooney, AICP INfoRPO�,IaTEDo 's Planning Director '; . !i:^ r r 0,. T:\Agenda\2020\06 June 24\Planning\RM-2 Hotel Accessory Uses-First Reading ORD.docx Ordinances-R5 K MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 29,2020 5:01 p.m. Second Reading Public Hearing SUBJECT:RM-2 HOTEL ACCESSORY USES - BALLROOM AND MEETING ROOM STRUCTURES 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 130 ENTITLED "OFF- STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," SECTION 130-32, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," TO AMEND THE OFF-STREET PARKING REQUIREMENTS FOR BALLROOMS AND MEETING ROOMS FOR BUILDINGS ASSOCIATED WITH HOTELS; AND AMENDING CHAPTER 142 ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-213, "CONDITIONAL USES," TO AMEND THE ALLOWABLE CONDITIONAL USES IN THE RM-2 ZONING DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. RECOMMENDATION The administration recommends that the City Commission adopt the subject ordinance. BACKGROUND/HISTORY On December 11, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the item to the Land Use and Development Committee and the Planning Board (Item C4M). The item was placed on the January 21, 2020 agenda of the newly created Land Use and Sustainability Committee (LUSC) and deferred to the February 18, 2020 meeting. On February 18, 2020,the LUSC recommended that the City Commission approve the ordinance. ANALYSIS PLANNING ANALYSIS Attached is an ordinance proposed by the Fontainebleau Hotel, which would allow for ballrooms and meeting space as a conditional use in the RM-2 district. Additionally, modifications to the minimum required parking for such uses are proposed. This proposal is concurrent with a separate item that Page 672 of 2461 will be considered by the City Commission pertaining to a bridge structure that would connect the new ballroom building to the main hotel campus. The following are the specific text amendments proposed in the attached draft ordinance; Sec. 130-32.-Off-street parking requirements for parking district no. 1. (7) Auditorium, ballroom, convention hall, gymnasium, meeting moms or other similar places of assembly: One space per every four seats or one space per every 60 square feet of floor area available for seats_ For ballrooms and meeting moms in buildings associatml with a hotel located in the RM-3 district (subject to the requirement that such hotel property be located within 100 feet of the ballroom and meeting mom property), one space per every eight seats or one space per every 120 square feet of floor area available for seats. Section 142-213. Conditional Uses. (a) The conditional uses in the RM2 residential multifamily, medium intensity district are as follows: (1) Day care facility; (2) Stand-alone religious institutions; (3) Private and public institutions; (4) Schools,- (5) Commercial or noncommercial parking lots and garages;J Stand- alone ballrooms and meeting rooms when associated with a hotel located in the RM-3 district (subject to the requirement that such hotel property be located within 100 feet of the ballroom and meeting room property): and (7) accessory neighborhood impact establishment; as set forth in article V, division 6 of this chapter. Because the proposed ordinance requires conditional use approval from Planning Board for the ballrooms and meeting rooms, any potential impacts from such a development can be minimized or mitigated as part of the conditional use process. Staff is supportive of the proposed text amendments. In this regard, the allowance of non-residential uses in the RM-2 district would be limited to locations such as the site on the southeast corner of 44th Street and Indian Creek Drive, which is buffered by a standalone parking structure. Additionally, the proposed reduction in the minimum parking requirements for ballroom and meeting space, as proposed,would be limited to sites such as the above example,which have full access to a larger parking structure on an adjacent RM-3 site. It is also expected that most patrons accessing any meeting and ballroom spaces will be guests of the nearby hotel, further minimizing the need for additional parking. PLANNING BOARD REVIEW The March 24, 2020 and April 21, 2020 Planning Board meetings were cancelled. On May 19, 2020, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0 with no changes. UPDATE The subject ordinance was approved at first reading on June 24, 2020,with no changes. CONCLUSION The administration recommends that the City Commission adopt the subject ordinance. Applicable Area Citywide Page 673 of 2461 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 Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description o ORDINANCE- Form Approved o Ad Page 674 of 2461 28NE NEIGHBORS SUNDAY IULY 122029 MPAMINERALDCOM BEACH CiTY OF MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ORDINANCE AMENDING NON-CONFORMING PHARMACIES ORDINANCE AMENDING THE RM-2 HOTEL ACCESSORY AND MEDICAL CANNABIS TREATMENT CENTERS- USES-BALLROOM AND MEETING ROOM STRUCTURES NONCONFORMANCE EXCEPTIONS JULY 29,2020 VIRTUAL CITY COMMISSION MEETING JULY 29,2020—VIRTUAL COMMISSION MEETING The July 29, 2020 City of Miami Beach Commission Meeting will be held es a Virtual Meeting with the Mayon Commissioners, and City staff participating through video The July 28,2020 City of Mimi Beach Commission Meeting will be held as a Virtual Meeting with conferencing.The Virtual City Commission Meeting will be broadcast live on Miami Beach TV the Mayor,Commtuioners,and City staff participating through video conferencing.The Virtual City (MBTV),viewable on the Cty's website at htlisa:/twww.mlemlbeechf.ow/aovemment/mbtvl Commission Meeting will be broadcast live on Miami Basch TV(MBTV),viewable on the City's website as well as on Atfantc Broadband Cable channel 660, AT&T U-verse channel 99,Hotwlre at hemaimmedestelbeetteseLitemfmmesIlmillet as wet as on Mantle Broadband Cable channel Communications channel 395,and ROKU device on PEG.TV channel,end on social media at 660,AT&T Vee se channel 99.Hotwlre Communications channel 395,and ROKU device on PEG.TV .To participate or provide comments,the public may Join the channel,and on social media at .To participate or provide Comments, Virtual City Commission meeting et hoose/us02websoom.ua/1/B5224811 B68 or vie telephone the public may Join the virtual meeting at ae//us02weh ream.us/tlti52248118&S or aria telephone at at 1.312.626.6799(U.S.)or 888.475,4499(Toll Free). The Webiner ID et 85224811868e. 1.312.628.8790(U.S.)or 888.475.4499(Toll Free).The Woblnu ID Is 852248118680.Members of the Members of the public wanting to speak on en Item during the Virtual City Cemmleaion public wanting to speak on an item during the Virtual City to Meeting,must click the'raise Meeting,must click the'raise hand'icon if using the Zoom app or press'9 on the telephone hand'Icon If using the Zoom app or press*9 on the telephone to raise their hand. to false their hand. NOTICE IS HEREBY GIVEN that the following public hearing will be heard by the Mayor end City NOTICE IS HEREBY GIVEN that the following public hearing well be heard by the Mayor and Commissioners of the City of Miami Beach,Florida,on July 29,2020 et 5:02 p.m.,or as soon thereafter as the matter can be heard: City Commissioners of the City of Miami Beach,Florida,on July 29,2020 at 5:01 p.m.,or as Soon thereafter as the matter can be heard 5:02 o,w_Second Reed ea Publle Hw__- 5:01_p.m.Second Ina Publle Haarina NON-CONFORMING PHARMACIES AND MEDICAL CANNABIS TREATMENT CENTERS/ AN ORDINANCE OF THE MAYOR AND CiTY COMMISSION OF THE CITY OF MIAMI NONCONFORMANCE EXCEPTIONS BEACH,FLORIDA,AMENDING THE CODE OF THE CT'OF MIAMi BEACH,FLORIDA,SY AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, AMENDING CHAPTER 130 ENTITLED 'OFF-STREET PARKING;ARTICLE II,'DISTRICTS: AMENDING THE CODE OF THE CITY OF MIAMI BEACH,BY AMENDING SUBPART B,ENTITLED REQUIREMENTS,' SECTION 130-32, 'OFF-STREET PARKING REQUIREMENTS FOR 'LAND DEVELOPMENT REGULATIONS;BY AMENDING CHAPTER 118,ENTITLED'ADMINISTRATION PARKING DISTRICT NO.1;TO AMEND THE OFF-STREET PARKING REQUIREMENTS FOR AND REVIEW PROCEDURES,'BY AMENDING ARTICLE IX, ENTITLED'NONCONFORMANCES,' BALLROOMS AND MEETING ROOMS FOR BUILDINGS ASSOCIATED WITH HOTELS;AND AT SECTION 118-393, ENTITLED 'NONCONFORMING USE OF BUILDINGS,' TO PERMIT A AMENDING CHAPTER 142 ENTITLED'ZONING DISTRICTS AND REGULATIONS.'ARTICLE II, NONCONFORMING PHARMACY STORE OR NONCONFORMING MEDICAL CANNABIS TREATMENT ENTITLED'DISTRICT REGULATIONS;DIVISION 3,'RESIDENTIAL MULTIFAMILY DISTRICTS,' CENTER TO RELOCATE WITHIN THE SAME BUILDING, PROVIDED THAT THE RELOCATED SUBDIVISION IV, 'RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,' SECTION PHARMACY STORE OR MEDICAL CANNABIS TREATMENT CENTER IS NO LARGER THAN 2,000 142-213, 'CONDITIONAL USES,'TO AMEND THE ALLOWABLE CONDITIONAL USES IN SQUARE FEET,AND TO PROVIDE THAT A NONCONFORMING PHARMACY STORE OR MEDICAL THE RM-2 ZONING DISTRICT;PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION CANNABISEMF TREATMENT CENTER THAT IS RELOCATED ATFPURSUANT TO THIS FO SECTION SECTIONHALL BE AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 2.05 of the City EXEMPT FROM THE MINIMUM DISTANCE SEPARATION REQUIREMENTS SET FORTH IN 142-1502(97(4)AND{SI;AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION.AND Charter,Section 118-184 of the City's Land Development Code,and§166.041 F.S.Inquiries may AN EFFECTIVE DATE.Thin Ordinance is being heard pursuant to Section 116.164 of the CIO's Land be directed to the L?snn(ng Department et 305.673.7550. Devebpment Code.Inquiries may be directed to the Panning Department at 305.873.7550. INTERESTED PARTIES are Invited to take part In this meeting or be represented by an agent INTERESTED PARTIES are Invited to take part in this meeting or be represented by an agent.The The public may submit written comments by sending en email to: public may submit written comments by sending an emelt to:CltvCierktimismibeach0.aov by 5:00 by 5:00 p.m.the day before the Virtual City Commission Meeting.Please identify the Agenda pm.the day before the Virtual City Commission Meeting.Please Identity the Agenda Item Number in Item Number In the email subject Ilne.Entails received will be forwarded to the Mayor and the email subject line.Emells received will be forwarded to the Mayor and Commissioners end will be Commissioners and will ha Included as a part of the meeting record. Included as a part of the meeting record. Copies of Agenda Items are available for public Inspection at mss://wvvw mlrmlbeechR.gov/ Copies of Agenda Items are available for public inspection et bttos'J/www.mlamlbeachfl.ocy/chr#hele cityhali/citvclark/agenda-archive-maln-oaoe-2/.This meeting,or any item therein,may be cltwderk/enende ercbhamein-me-2/.This meeting,or any item therein,may be continued,and continued,and under such circumstances,additional legal notice need not be provided. under such circumstances,additional legal notice need not be provided. Pursuant to Section 288.0105,Fla.Stet,the City hereby advises the public that if a person Pursuant to Section 288.0105,Fie.Stet,the City hereby advises the public that It■person derides decides to appeal any decision made by the City Commission with respect to any matter to appeal any decision made by the City Commission with respect to any matter considered at Its considered at Its meeting or its hearing,such person must ensure that a verbatim record of meeting or its hearing,such person must ensure that a verbatim record of the proceedings Is made, the proceedings is made,which record includes the testimony and evidence upon which the which record Incudes the testimony and evidence upon which the appeal is to be based.This notice appeal Is to be based.This notice does not constitute consent by the City for the introduction does not constitute consent by the City for the introduction or admission of otherwise Inadmissible or or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges Ireieyent evidence,nor does it authorize challenges or appetite not otherwise allowed by law. or appeals not otherwise allowed by law, To request thio materiel In alternate format,sign language Interpreter(five-day notice required), To request thle material In alternate format,sign language interpreter(live-day notice required), Information on access for persona with disabilities,and/or any accommodation to review any document Information on access for persons with disabilities,end/or any accommodation to review any or participate In any City sponsored proceedings,cell 305.604.2489 and select 1 for English or 2 for document or participate in any City-sponsored proceedings,call 305.804.2489 and select Spanish,then option 6;TTY users may call via 711{Florida Raley Service). 1 for English or 2 for Spanish,then option 6;TTY users may call vie 711 (Florida Relay Service). Rafael E.Grenade.City Clerk Rafael E.Granedo.Citty Clerk City of MINIM Beach City of Miami Beach Ad 07202020.16 Ad 0729202P18 Page 678 of 2461