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2003-3431 Ordinance ORDINANCE NO. 2003-3431 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, CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," BY AMENDING SECTION 142-902, "PERMITTED ACCESSORY USES," BY INCLUDING A MANAGEMENT OFFICE FOR NON-CONTIGUOUS MULTIPLE RESIDENTIAL BUILDINGS. PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations of the City Code does not contain provisions for property management office for non-contiguous multiple residential buildings; and WHEREAS, it would be more efficient and effective to have a property management office for non-contiguous multiple residential buildings contained in one building rather than one for each building; and WHEREAS, the Planning Board recommended approval of this amendment provided that one hundred (100) or less residential units are managed from one property management office; and WHEREAS, the general health, safety and welfare of the residents of the City would be aided by this policy in that commercial activities related to property management would be restricted to one location. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; SECTION 1. That Section 142-902, "Permitted accessory uses," is hereby amended as follows: The following are permitted accessory uses: * * * (2) Apartment buildings may have accessory uses based upon the below criteria: * * * l One property manaaement office for the purpose of manaaina residential units within the buildina as well as residential units located in other buildinas under common beneficial ownership. as lona as the total number of units does not exceed a maximum of 100 units. 1 of2 SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. ~~ CIT CLERK ~W-~ ,2003. PASSED and ADOPTED this 25th day of ATTEST: First Reading: Second Reading: APPROVED AS TO FORM AND LANGUAGE ~ & FOR EXECUTION . ~ JO.,3r-os ?II City Attorney Date Verified by: Underscor F:IPLANI$PLBldraft ordinances\1592 - mgmt off ord CC version.doc 20f2 CITY OF MIAMI BEACH' COMMISSION ITEM SUMMARY lC\ Condensed Title: An Ordinance amending the Code of the City of Miami Beach amending Section 142-902 by providing for one property management office as an accessory use to manage residential units within the building as well as other non-contiauous buildinas. Issue: Shall the Land Development Regulations of the City Code be amended to allow a property management office as an accessory use in a residential building, which would also manage residential units not located within the same buildina? Item Summa IRecommendation: Currently, an accessory use is a subordinate use which is incidental to and customary in connection with the main building or use and which is located on the same lot with such main building or use. The proposed ordinance would permit the property management office to manage other residential units not located in the same building as the office, as long as the maximum number of units does not exceed 100. The Administration recommends that the Ci Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept. Total Cit Clerk's Office Le islative Trackin : Planning Department - Jorge G. Gomez/Mercy Lamazares City Manager T' GENDA\2003\nov2503\regular\15 management off 2nd rdg 11-25-03 sum.doc AGENDA ITEM RSc.. DATE 11-2S-03 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ ~ City Manager U Date: November 25, 2003 To: Second Readina - Public Hearina Subject: Amendment to Accessory Uses - Property Management Office 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, CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," BY AMENDING SECTION 142-902, "PERMITTED ACCESSORY USES," BY INCLUDING A MANAGEMENT OFFICE FOR NON- CONTIGUOUS MULTIPLE RESIDENTIAL BUILDINGS. PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the ordinance. BACKGROUND Mr. Richard Shindler, who owns and operates several apartment buildings in a low intensity multi-family residential area of North Beach and manages his properties from one of the buildings, was cited by Code Compliance and the matter was scheduled for Special Master disposition. Meanwhile, Mr. Shindler petitioned the City Commission so that all the residents and prospective tenants of the various buildings could use this office to make payments, request work or maintenance, sign or renew contracts, etc. The Commission in turn referred this matter to the Land Use and Development Committee. The Committee reviewed this issue at is February 2002 meeting and at the March 20, 2002 meeting, the City Commission referred to the Planning Board an ordinance that would establish an administrative management office for multiple residential buildings as a conditional use in the RM-1, 2 and 3 multifamily zoning districts. ANALYSIS Pursuant to Section 142-901 of the City Code, "accessory uses shall be located on the same lot as the main permitted use..." In addition, Section 114.1 "Definitions," defines accessory use as a subordinate use which is incidental to and customary in connection with the main building or use and which is located on the same lot with such main building or use. Commission Memorandum October 15, 2003 Property Management Office amendment Page 2 An administrative office that maintains the operation of an apartment building is then construed to be an accessory use in an apartment building. The Code, however, does not permit for that office to be used as a management/operation center for other non- contiguous properties, as indicated in Section 142-902, "Permitted accessory uses," which indicates that "apartment buildings may have accessory uses such as mechanical support equipment and administrative offices and uses that maintain the operation of the building," (emphasis added as to the singularity of the subject). The Planning board had a public hearing on this proposed ordinance at its January 28, 2003 meeting and at that time continued it to the May, 2003 meeting, requesting that staff look into the several issues such as reasonable distance separation, how many other cases could be in similar situations, and others. In response to the Board's many questions and concerns, staff researched what nearby communities permit as accessory uses. The City of Miami defines accessory use as "a use customarily incidental and subordinate to the principal use, and unless otherwise specifically provided, located on the same premises ... construed as meaning on the same lot or on a contiguous lot in the same ownership." Section 30-111, "Accessory use regulations," of the Code of the Village of Key Biscayne, provides that accessory uses shall be located on the same lot as the main permitted use and that they shall be incidental to and customarily associated with the main permitted use. The City of Hialeah defines accessory uses as those customarily incident to the principal use, but not including any commercial activity. These are only a few examples of the nearby communities that were researched, and after reading the regulations, the conclusion was that they are all very similar to what our City Code allows. As such, no additional insight was gathered by these regulations. At the January 2003 meeting, one of the Planning Board's suggestions was to consider the proximity and number of units. Using Mr. Shindler's properties as an example, a 700-foot radius would be reasonable and within walking distance, as represented by the cluster of the majority of the units shown on the graphic map; however, in Mr. Shindler's case, some of the properties are in neighboring jurisdictions. Although the approval of the proposed ordinance may benefit some residential property owners in reducing overhead costs, there may be unintended consequences such as the added traffic, which may adversely affect the character of the City's low scale residential districts. The Planning Board made several changes to the proposed ordinance and recommended approval as modified. These modifications include the removal of the requirement for Conditional Use, thereby also eliminating the review criteria. The modified ordinance provides for the property management office to be an accessory use for apartment buildings and enables the management office to manage the residential units within the building, as well as residential units in other buildings as long as the total number of units does not exceed a maximum of 100 units. This modified ordinance is attached for consideration. Commission Memorandum October 15, 2003 Properly Management Office amendment Page 3 It should be noted that the Administration believes that it will be difficult to enforce this particular provision of the ordinance and most likely will be complaint-driven. It is anticipated that only if there are complaints regarding excessive noise, traffic, etc. will this provision be enforced by the Code Compliance Division issuing violations, which could then be prosecuted by the Special Master. CITY COMMISSION ACTION At the October 15, 2003 meeting, the City Commission modified the proposed ordinance and approved it on first reading. The modification was made to Section 1 (2)1, reading: "One property management office for the purpose of managing residential units within the building as well as residential units located in other buildings under common beneficial ownership as long as the total number of units does not exceed a maximum of 100 units. CONCLUSION According to Section 118-164(3) of the City Code, when a request to amend the land development regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. Immediately following the public hearing at the second reading, the city commission may adopt the ordinance by a 5/7ths vote. JMG/etf6/JGG/ML T:IAGENDA\2003\nov2503\regular\1592 management off 2nd rdg 11-25-03.doc www.heralfl:com I THE HERALD I THURSDAY. NOVEMBER 13.2003 1:.:1 CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY given that a Pubic Hearing will beheld, by the,', " Mayor and City Commission of the City of Miami Beach, Florida, 1ft the,' Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Tuesday, November 25, 2008, It 11. a.m., to consider the following. AN ORDINANCE AMENOING THE CODE OF THE CITY 'Of MtAI4I BEACH, FLORIDA,' CHAPTER 142, .ZONING DISTRICTSAtIP REGULATIONS," BY AMENDING SECTION 142-902, .PEAMI't1EO ' ACCESSORY USES, "BY INCLUDING A MANAGEMENT OFFlCE'FOfII NON-CONTIGUOUS MULTIPLE RESIPENTlAL BUILDINGS, PROVIDING, FOR CODIFICATION; REPEALER: SEVERABILITY; AND,AN eFFECtM!. DATE. '. '.'",.", Inquiries may be directed to the Planning Department (305) 873-7550. INTERESTED PARTIES are Invited to appear at this meeting, or be' represented by an agent, or to express their views In writing addreeeed to the City Commission, c/o the City Clerk, 1700 Convention Center Prive, 1st Floor, City Hall, Miami Beach, Florida 33139. Coplesof tJ:I'- ordinance are available for public Inspection during nannal bIIaIn88i hours In the City Clerk's OffIce, 1700 Convention Center DrMt,lIIt, Floor, City Hall, Miami Beach, Florida 33139. This meeting mav be continued l!nd under such circumstances additional legal notice ~ not be provided. ' Robert E. Parcher, City Clerk City of MiamI Beach , PUl'B.uant to Sectlon 286.0105, Fla. Stat., the City hereby advI8iI8 '~. public that; Ita penlOn decides to appeal any declslon m'" by the City Commission with respect to any matter considered at b mMtI!II': or Its hearing, such person must ensure that a verbatim recOrdal lfii ' proceedings Is made, which record Includes the testimony and evidence upon which the appaalls to 'be based. This notice daft 'nor constitute consent by the City for the Introduction or adml8llon of otherwise Inadml88lble or Irrelevant evidence, nor does' It 'aUthcH1ze challenges or appeals not otherwise allowad by law. In accordance with 1he Americans with Disabilities Act of 1990, ~. needing spacial accommodation to participate In this proceeding, or to request Infonnatlon on access for parsons with disabilities, ,or to request this publication in accessible fonnat, or to ~.Ign language Interpreters, should contact the City Clerk's offtce at (305) 673-7411, no later than four days prior to the proceeding. II heartng Impaired, contact the City Clerk's office via the Florida Relay SerwIc8 numbers, (800) 955-8771 (TTY) or (800) 955-8770 (VOICE). -- Ad 11219 /'II1P - o. ~..O:>' ~- -.'